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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default First Time Domestic Violence Sentencing

    My question involves criminal law for the state of: Florida.

    I was arrested last Saturday morning for getting out of hand and breaking some things in my apartment. My fiance and I were celebrating our 15 month anniversary and were having a couple of drinks. After a couple of hours and drinks she started admitting to a bunch of things I didn't know about and of course... I lost it.

    Never at any point did I touch her, threaten her, or come at her. She didn't even call the police, someone else did. When the cops got there we both spoke with them and she said she was really nervous but didn't want to call the police and didn't want to press charges. The officer stated that unfortunately when someone reports domestic violence someone needs to be arrested.

    Well here I am now awaiting my court date and worried if I'm going to have to serve jail time, which is my biggest concern. My only past offense was a DUI 2 years ago but nothing else. She also told one of my friends that shes going to keep some of my things and only going to let me take my clothes when I show up the police to get my things.

    Anyone have any ideas as to what I can expect?

    Thank you in advance.

  2. #2

    Default Re: First Time Domestic Violence Sentencing

    Truely? It'll depend on if the state attorney's office feels they can make a case or not. Plea deals are frequent for first time offenses if there were no injuries. Your attorney may be able to work out a deal where the state drops the charge if you complete either an anger management class or a DV class. Since alcohol seems to play a part in your behavior that results in police interaction, I'd also be expecting that substance abuse counseling may be ordered as well. It's not going to escape the court that drinking played a role here, and obviously in your DUI. Basically if you complete what the court sets out, the charges go away. Failure to do so means the state brings the criminal charge, you have a criminal record if convicted, and incarceration, although unlikely, becomes a possibility.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: First Time Domestic Violence Sentencing

    Just out of curiosity. What are the penalties in Florida for violating a no contact order? Not that I ever would, I'm just curious.

  4. #4

    Default Re: First Time Domestic Violence Sentencing

    First, the odds that the court will extend or make the order perminent skyrocket - even if the victim objects, and, for any misdemeanor offense, penalties can be a fine of up to $5,000 and up to 1 year in jail - per violation.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: First Time Domestic Violence Sentencing

    Quote Quoting Ohnoes716
    View Post
    Just out of curiosity. What are the penalties in Florida for violating a no contact order? Not that I ever would, I'm just curious.
    I tell you what... let's not start out by lying.

    If you weren't thinking about doing it, you wouldn't be asking about the penalty.

    Don't. Judges really don't see the humor in folks that decide to ignore a specific court order.

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