Defense of Domestic Battery Charges
Being arrested for domestic battery in Pasco County, Florida is VERY common. Our defense attorneys have handled over 100 domestic battery cases in the last 10 years. Most do not end in a conviction.
The domestic battery law in Florida suggests that if anyone calls the police, someone is going to jail. In Pasco County, particularly in Trinity and New Port Richey, it’s often the person who calls the police that ends up in jail.
The MOST IMPORTANT ADVICE we can give is DO NOT WAIT for a Court Date to come in the mail. HIRE AN ATTORNEY IMMEDIATELY after an arrest. Often the police tell you to just wait for a court date in the mail. This is the worst thing you can do. Once a Domestic Battery charge is formally filed, it is much more difficult to get it dropped.
Charged with domestic battery and need an attorney? We encourage you to contact Pawuk & Pawuk for a free, no-obligation consultation. We have years of experience handling Florida domestic related crimes, both as former state prosecutors and as criminal defense attorneys.
What if the victim does not want to prosecute after a domestic violence charge?
What if the victim doesn’t want to prosecute? Or the victim already told the police and the State Attorney they didn’t want to prosecute. Won’t the charge get dropped then without you having to hire an attorney? Not always.
Sometimes the victim is not talking to the right person in the State Attorney’s office, sometimes things get lost in the State Attorney’s Office, or sometimes the State Attorney assigned to the case files the charge anyway. Do not rely on the victim to get the charges dropped.
Will you go to jail for Domestic Battery?
When you are arrested for Domestic Battery you will go to jail and be held with NO BOND until you see a judge. Florida law on Domestic crimes requires No Bond status. At your first appearance hearing, you will appear before the judge on video from the jail.
Usually people arrested for Domestic Violence are given a low bond, like $500, or released on their own recognizance or ROR.
When should you hire an attorney?
After you are released from jail – and before you get a court date – is the time to hire an attorney. The State Attorney does their own investigation, and we make sure your side of the story is told.
Most of the criminal cases we handle are dropped before anyone has a court date. That means No Conviction, no jail time, and no probation.
If your case is formally filed by the State Attorney, you will have to go to court and may go to jail or end up with a long period of probation. The law requires anyone CONVICTED of Domestic Battery to go to jail for 10 days on the first offense and more on the second or third offenses. If the crime occurs in front of a child under the age of 16, there is more jail time.
Important: No Contact with Victim
Very IMPORTANT: Once you are arrested there is a NO CONTACT order in place. That means you can’t have ANY contact with the victim. Not even through texting or social media or through a third party.
And you can’t have any contact with the victim’s residence. Even if you are the one who owns the home.
If you violate the No Contact Order you can go back to jail and stay with NO BOND until your court date, which can take weeks.
Even if the victim calls you or texts you, you CAN NOT have any contact with the victim.
Arrested for Domestic Battery? Contact Our Pasco County Defense Attorneys
If you have been arrested for Domestic Battery, please don't wait to request a free consultation with a defense attorney early in the case. We serve Pasco County, Florida and most of the surrounding area, including Pinellas County and Hernando County.