Domestic Violence abuse is a serious allegation and nothing to joke about. The unfortunate truth is that many innocent people are falsely accused each year of domestic violence crimes. The reason is because all it takes is a phone call to 911 and an allegation, and someone is going to jail.
For example, the definition of domestic violence battery is any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person (a family or household member). As you can see, nowhere in the definition does it say that the alleged victim must have actually been harmed. The statute uses the word "or." Because of this language, a "he said / she said" situation may occur, and someone ends up getting arrested and charged with domestic violence battery.
In addition, the decision to prosecute is not up to the alleged victim. That decision is ultimately up to the State Attorney's office. The State of Florida, and in particular, Polk County, aggressively pursues these charges. The prosecutor may still file charges against a defendant and prosecute a defendant even if the alleged victim signs a waiver of prosecution. The State has even been known to go after alleged victims for not being cooperative. If an alleged victim does not show up for court, the State may have the police pick them up and hold them in contempt for not abiding by a subpoena.
If you have been falsely accused of a domestic violence crime, it is imperative that you have an experienced criminal defense attorney by your side to fight for your rights. In Florida, even if the judge withholds adjudication, with a guilty or no contest plea, you cannot seal or expunge your arrest, per Section 741.28. The only way for the arrest to be expunged is for the charges to be dropped.
Contact Heather Bryan Law online today or call us at 863-825-5309 for your free and confidential consultation. Let us fight for you.