Domestic violence charges include battery, assault, felony battery, or aggravated battery. What makes it "domestic" is basically that the defendant and victim live together—meaning a domestic violence act can occur between husband and wife, boyfriend and girlfriend, domestic partners, or child and parent.
But I didn't want him or her to go to jail!
Under Florida law, when the cops are called to a domestic disturbance, they are often going to arrest somebody. This realization sets in when one's significant other is being put in the back of a patrol car and taken to jail. Oftentimes this is not the outcome that is wanted. So what can you do to make things right?
What is a Pre-Filing Investigation?
Once an arrest is made, the case is turned over to the State Attorney's Office (the prosecutor). It is ultimately up to the prosecutor whether to drop the charges or not. The prosecutor will often do a certain amount of "pre-filing investigation" (PFI). This usually consists of talking to the victim and/or witnesses.
The prosecutor will usually reach out to the victim during the PFI. However, be aware that the prosecutor may still file charges and go forward--regardless of what the victim says--if they feel they have enough evidence or that the act was so egregious that it should not be dropped.
Talk to an attorney before a PFI
Be aware that it is sometimes a good idea to talk to an attorney before speaking to the prosecutor or the police. This is because there are situations where what you say to them can later be used against you. An attorney can evaluate your situation and advise you as to whether you are at risk.
What can the attorney's at Soler & Simon do to help you?
We have extensive experience with domestic violence and battery cases. We can contact the prosecutor immediately, before charges are filed. Oftentimes this is important because the prosecutor usually only has one side of the story—the side that the officer chose to write in the probable cause affidavit (police report).
There are almost always two sides to a domestic violence situation. The attorneys at Soler & Simon can investigate to determine whether there are any witnesses that help your case. If there are, we can prepare affidavits that support your defense.
The State is more willing to decline (drop) a domestic battery case before it is filed, rather than drop a filed one. Sometimes if the prosecutor has enough facts that tend to prove that you are innocent, or the case just simply cannot be proven, then the case will be dropped.
Please do not hesitate to contact the attorneys at Soler & Simon at (941) 444-5128. We will be happy to sit down with you, discuss your case, and explore your various options—all at no cost to you.
For additional information on domestic battery and domestic violence charges, including possible defenses and how our attorneys use those defenses to fight the charges, please visit the our Domestic Battery page.