Jump to Navigation

Orlando How to Drop Charges for Domestic Violence Lawyer

Under Florida law, domestic violence charges can be brought in many different situations against anybody who lives with someone else. Husbands and wives face domestic violence charges. So do fathers and sons, brothers and sisters, girlfriends and boyfriends, and even roommates.

All it takes is for an argument to get out of hand!

When the police arrive, they are ready to make an arrest. Because the police are responding to word of mouth, witnesses' opinions and evidence found on the scene, they don't always make the right call. Many times, the person who contacts the police is the one who goes to jail!

One of the things that makes domestic violence charges so hard is that it's the State of Florida that is the one that presses charges — not the alleged victim of an offense. Even if the alleged "victim" decides not to prosecute, state prosecutors may, and do, continue to aggressively pursue prosecution. As soon as you get out of jail, you should hire attorney Shon Douctre to assist in taking the correct legal action to try and get the charges dropped and seal your record.

Can Domestic Violence Charges Be Dropped?

At Private Counsel, LLC, in Orlando, we have the experience necessary to protect your rights and your freedom after a domestic violence arrest. If you have been accused of hitting someone — or if someone you love is accused of domestic violence and you are wondering how to get the state to drop charges — you can call our Orlando attorneys for a free and confidential case evaluation to see what options you have.

We often hear our clients say that a loved one doesn't deserve the charges against him or her but he/she may just need some counseling (at most), not a criminal record. We understand what you're going through, and there is hope. Please call us to discuss your goals.

Does a Domestic Violence Charge Come Off Your Record?

If you were arrested for domestic violence battery, and the charges are reduced or dropped, Florida law allows a one-time option to have your criminal record sealed or expunged. However, if you are convicted of domestic violence, you will most likely be forbidden from getting the arrest and charge off your record/criminal history. Our expungement attorneys can assist with you with this process that can seek to clear your name after the case is dismissed and improve your chances for future employment.

INJUNCTION AND RESTRAINING ORDER ATTORNEYS — ORLANDO, FLORIDA

WHAT IS AN INJUNCTION?

An injunction, also called a restraining order, orders a person to abide by certain conditions, usually forbidding them to have contact with someone. If you or a loved one has had an injunction filed against them and need an aggressive attorney to fight it, please call NOW! After an injunction is filed against you, a hearing will be set very soon after. At that hearing, the judge will determine whether or not to keep, extend indefinitely, modify or cancel the injunction. Thus, it is very important to retain an attorney prior to that initial hearing if you want to properly defend yourself.

On the other hand, some people change their minds and now want to DROP or CANCEL or DISMISS an injunction that they may have filed against someone. If you wish to do that, we are available to help! Please call us now!

There are four types of injunctions:

Domestic violence: When it appears to the court that the petitioner (the person seeking the
injunction) is either the victim of domestic violence as defined by Florida law or has reasonable
cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant relief.

"Domestic violence" is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Repeat violence: "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.

Relief may include enjoining the respondent from committing any acts of violence or ordering such other relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies, as provided in this section.

The terms of the injunction shall remain in full force and effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. Such relief may be granted in addition to other civil or criminal remedies.

Dating violence: "Dating violence" means violence between individuals who have or have had
a continuing and significant relationship of a romantic or intimate nature. The existence of
such a relationship shall be determined based on the consideration of the following factors:

  • A dating relationship must have existed within the past 6 months;
  • The nature of the relationship must have been characterized by the expectation of
    affection or sexual involvement between the parties; and
  • The frequency and type of interaction between the persons involved in the relationship
    must have included that the persons have been involved over time and on a continuous
    basis during the course of the relationship.

The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence.

Sexual violence: "Sexual violence" means any one incident of the following, regardless of whether criminal charges based on the incident were filed, reduced or dismissed by the state attorney:

  • Sexual battery, as defined by Florida statutes
  • A lewd or lascivious act, as defined by Florida law, committed upon or in the
    presence of a person younger than 16 years of age
  • Luring or enticing a child, as defined by Florida statutes
  • Sexual performance by a child, as defined by Florida statutes
  • Any other forcible felony wherein a sexual act is committed or attempted

A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has may file a sworn petition for an injunction for protection against sexual violence on his or her own behalf or on behalf of the minor child if:

  • The person has reported the sexual violence to a law enforcement agency and
    is cooperating in any criminal proceeding against the respondent, regardless of
    whether criminal charges based on the sexual violence have been filed,
    reduced or dismissed by the state attorney; or
  • The respondent who committed the sexual violence against the victim or minor
    child was sentenced to a term of imprisonment in state prison for the sexual
    violence and the respondent's term of imprisonment has expired or is due to
    expire within 90 days following the date the petition is filed.

The court may issue relief the court deems proper, including an injunction that enjoins the respondent from committing any acts of violence. The court may also order such other relief as it deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies, as provided in this section.

The terms of the injunction shall remain in full force and effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. Such relief may be granted in addition to other civil or criminal remedies.

Contact a Kissimmee Drop Domestic Violence Charges Attorney

To get started on your case, call us at 407-849-2949. You may also contact us online to schedule a free and confidential consultation with an Orlando college student DUI defense attorney about drug crimes and DUI defense.