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  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Default Domestic Violence Arrest - Legal Procedure

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

    First time offense arrest - 2nd degree felony - domestic abuse on a pregnant person. Bonded out - no contact ordered and gps ankle monitor.

    Defendant did not abuse victim on night of 911 call. Victim felt threatened due to past history. Arrest was made based on bruises from two weeks prior.

    Victim does not want to press charges and has attended a Domestic Violence victim class. Has signed a declination of prosecution and delivered to both the Public Defender's office and the State Attorney's office. Victim Advocate instructed victim to attend the class and fill out/deliver form as mentioned above.

    Victim did not have photographs taken of bruises. Victim did not file a restraining order.

    Public Defender filed a motion to the judge requesting modification of home confinement and contact with victim which was denied.

    Victim Advocate states that it is unlikely that the State Attorney will choose to pick up the case.

    Defendant has not had an arraignment yet. Public Defender is hard to get hold of and does not offer much direction on how the case proceeds now.

    What is the next step?

    How long does the State Attorney's office have to make a decision on whether to proceed with the case and file an "information" notice - or a "no information" notice and drop the case?

    What is the chance they will proceed with the case if the victim is not wanting to press charges and they don't have photographed documentation of the bruises?

    Defendant is wanting to get anger management counseling.

    I'm trying to help by giving defendant and victim information on the process but I'm at a loss myself.

    Thank you.

  2. #2

    Default Re: Domestic Violence Arrest - Legal Procedure

    It always amazes me that woman dont want to press charges, yet they call the police? Really? The DA will decide if they will pick up the case. If there is a history of this, I can see that happening. Why not tell the woman to leave him. It all starts with hitting, then it just gets worse. If she enjoys being hit, then tell her not to waste her time and call the cops.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Domestic Violence Arrest - Legal Procedure

    When the defendant made bail, was he or she given a court date? If not, then the arraignment may be weeks away. In theory, the state may have a year to file charges. The defendant's attorney can probably tell him or her what the reasonable time frame might be and may even be able to compel the matter to move forward.

    - Carl

  4. #4

    Default Re: Domestic Violence Arrest - Legal Procedure

    The court will also consider the OTHER victim here. That the mother doesn't want to press charges on her OWN behalf (and has put such in writing) can often mean that the DA is MORE likely to pick up the criminal case on behalf of the unborn child - since the mother seems unwilling to hold accountable the person who ALSO battered the child.

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