[unforesaken]

I was recently arrested on Domestic Battery when I got into a heated arguement with a guy that I once had a relationship with 3 years ago.
When the officers who were called, via a third party (hearsay...no visual witnesses), the "so called victim" gave false information by stating:

1) he lived with me at MY address. He conveniently with held his own.
His best friend for more than 20 years has even written up a statement for me saying that he's never lived ANYWHERE but his own address for 20+ years; and

2) the evening's course of events and why the arguement began.
Stating that we we met up somewhere, consumed alcohol, and got into a verbal altercation because I was "jealous of him cheating on me."
He also stated that I "MAY" have hit him at another location.
Realistically, he was the one drinking and intoxicated.
He was with a friend, NOT ME. We were only together during the whole ordeal for MAYBE 15 minutes.

I was just a bad choice on my part, I'll humbly admitt.
When we crossed paths, and words were spoken, being he was already drunk and upset over something else, he began slandering me.
I should have just went straight home.

At any rate, I wasn't given the opportunity to give my own statement, even though the officer's report stated that I refused to give one.
After the officers took a photo of his face where I supposably slapped him, the approached me and told me to put my hands behind my back and not to resist.
When I tried to explain to the officer that it was a BIG MISUNDERSTANDING, they informed me that one of us was going to jail, and apparently the "so called victim" chose me.

My PD tried to get it thrown out because this isn't "domestic," but the Florida State Attorney's Office went ahead and filed it anyway.
Now my PD has entered a "not guilty plea" and I'm set to go trial on this soon.
When I questioned her about my sentence, her reply is "Maximum 1 year in jail."
Obviously these were words I DON'T want to hear.

Additionally, my employer of 4 years has put me on personal leave without pay because of this until everything is settled and done.

I'm so emotionally distraught because I honestly feel like I'm the victim here.

OKAY...so here are my questions:

1) If they send a notice of trial to him to the address he gave at the time of the arrest and don't find him, will they try by other means to locate him, such as DMV records???
He did not provide any additional addresses, phone numbers or locations where he could be found that are in my file.

As I had mentioned above, the address given was MY home, but I have recently moved out and into another rental home close by.
The court has my my new info, but the move was a financial decision as well as an opportunity to make a fresh start.

ANYHOW!!!

2) If the do find him, and they find me guilty, what can I expect my sentence to be???

This is my first offense and I'm already in a Child Custody Modification battle with my ex husband because of this, so you can imagine my distress.

The only saving grace that I'm PRAYING for is that they don't find him (the so called victim) or he won't show up and they'll dismiss the case.
No victim...no crime??? Am I correct?

AND that the ex was also recently arrested on 2 counts of Felony Charges.
Illegally obtaining 2nd class drugs and uttering a forged instrument.

If there is any recorded or documented cases that you know of that are similar to mine....PLEASE PASS IT ON TO ME!!!

I'm so distraught over this, please help.

[aaron]

Under Florida's domestic violence law, Florida Statutes Section 741.28,

"Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

So the fact that you don't currently have a relationship does not of itself rule out domestic violence charges. I suggest working closely with your lawyer, who is the person in the best position to estimate a possible sentence if you are convincted or choose to plead guilty.