Domestic Violence Charges

flgirl · #1 03-09-2009, 06:55 PM

My question involves criminal law for the state of: Florida

Hello, first of all thanks in advance for your advice.

Last week my boyfriend and I got into an argument; over something silly and he threw something at the wall. Did not hit me with it, he threw it completely the opposite way. Then I got upset and threatened him about calling the police and grabbed my phone to call; and he got scared and took my phone away and broke it in half. He has been very stressed due to the fact that he hasnt been able to find work and he has been out of work since November; in fact that is what we were argueing about. Now because I called the cops he is being charged with battery for taking my cell phone away and with something else for throwing the thing at the wall. On my statement I only stated that we were argueing and that he threw something at the wall; and I also wrote that I did not want to press any charges. Honestly I just wanted him to know the consequences of his actions.

Either way; they took him to jail; he got out and the same day he went to a job interview and ironically enough; he was hired but told that he had to pass a background check. Even though it was the day that he got out of jail that he went to his interview; the whole thing still came up on a background check.

I know that I did the right thing by calling; because I was scared because he threw something; I think that is not that serious and that the charges are ridiculous and we just want the whole thing to go away. We have been together for 6 years and he is not a violent person. We have a child together and that is also another reason why I called; now I regret calling the cops; had a known what I know now; I would've just left and came back when he calmed down.

Now we are trying to drop the charges and it is taking forever; any advice as to how to move this faster?

AllisonDanby · #2 03-09-2009, 07:10 PM

I'm afriad your boyfriend will not be able to pass any background checks for the next little while....

The police do not care whether or not you want to press charges, once the report is made, the D.A. will make the decision, it is now out of your hands.

From what you stated, it is almost certain that he will face some kind of charges for throwing the phone.... The issue now is whether or not he can get into a program where he will get his charges dismissed. SO even with the best case scenario with a dismissed charge, this incident will still show up on his background check, and can take years to expunge, if that ever happens.

flgirl · #3 03-09-2009, 07:13 PM

He actually hasnt been charged yet

flgirl · #4 03-09-2009, 07:24 PM

There's not even a court date set yet; I honestly think that because of this horrible law enforcement system that we have more women don't call the cops when they get abused or battered or whatever. There's more inconveniences and hassles for the alleged victim than there is for the aggresor. It is ridiculous. I clearly told the cops when they arrived that he didnt hurt me and that I wasn't afraid of him.

This is sickening.

AllisonDanby · #5 03-09-2009, 07:37 PM

It might take a little while for the D.A. to review the police report and file the charges, I can tell you with 99.9% certainty that you BF will be charged. The police, once again, do NOT care that you do not want to press charges, most victims do not want their abusers to be charged, as such they will ignore what your wishes are and the D.A. will pursue it.

You boyfriend will really need a lawyer ASAP, he will be charged, be they can be easily dismissed if he goes to anger management programs...etc etc. The thing is it will stay on his record, and he will fail background checks. Getting it expunged will take years....

My advice is that is you are to stay with him, be prepared to be the primary breadwinner in the family, while he can look after your child.

flgirl · #6 03-09-2009, 07:43 PM

Hey Allison; are you by any chance a lawyer? Are you in Florida?

Thanks for the replies?

AllisonDanby · #7 03-09-2009, 07:42 PM

Quoting flgirl

There's not even a court date set yet; I honestly think that because of this horrible law enforcement system that we have more women don't call the cops when they get abused or battered or whatever. There's more inconveniences and hassles for the alleged victim than there is for the aggresor. It is ridiculous. I clearly told the cops when they arrived that he didnt hurt me and that I wasn't afraid of him.

This is sickening.

What you SHOULD have done is to deny everything, deny that he even lifted a finger.

flgirl · #8 03-11-2009, 07:36 PM

FYI
Just an update, I finally got in touch with someone from the State Attorney's office and after looking at my case, most likely it will get dropped. On the contrary to what you all advise, the victim has a lot to do with what happens to the defendent; specially when no one was hurt and if it is a first time offense. They even encourage you to attend a class about domestic violence if you would like to drop the charges; then make you fill out a statement saying that you are not afraid; and from there they will either proceed with the case if they think it is necessary; drop it; or place the defendant on a PreTrial diverse program that will make them either go to counseling, anger management or do community service and their record will be clean.

Of course every case is different and like I said from the very begginning no one was hurt and it wasn't anything serious; and therefore the whole thing will most likely be dropped.

I'm very happy that they're not the boneheads I thought they were in the State Attorney's office.

daveg39 · #9 03-13-2009, 06:31 PM

I for one will never call 911 again for similar reasons as yours. The police do not really care who did what to whom. They care about which person they have the best chances of making the charges stick to and that’s who gets arrested. I was assaulted, scared for my life called 911 and “I got charged with battery” because they had a small scratch as evidence and it was my word against theirs. The marks on me didn't make a differance the person was smaller then me so they claimed they were scared. They took pictures of everything and for some reason mine were not in the evidence. Go figure? Yes the DA is following through in my case. If your man broke a phone he can go to jail, and his arrest record will follow him, do not believe them if they tell you otherwise. I was arrested three years ago and the charges were dropped the next day after proving my accuser was lying, they are using the previous charges against me because "I was arrested", innocent till proven guilty only works in the movies. Welcome to Florida.

cdwjava · #10 03-13-2009, 09:24 PM

Quoting daveg39

I for one will never call 911 again for similar reasons as yours. The police do not really care who did what to whom. They care about which person they have the best chances of making the charges stick to and that’s who gets arrested.

Actually, they most often arrest the party that is believed to be the "dominant" or "primary" aggressor. Is it a foolproof scheme? Nope. But the alternative left a trail of broken bodies once upon a time. Blame the state legislatures if you want to blame anyone. Well, and the people that stay in relationships that are violent.

- Carl