If you are the victim of domestic violence, whether in the Clearwater, St. Petersburg or Tampa areas or elsewhere in Florida, you should know that the law and the legal system are prepared to assist you. Domestic violence can happen whenever a spouse, family or household member makes a credible threat of violence or bodily harm to you, or causes injury to you by touching or hitting you. Other crimes that are common in domestic violence situations include false imprisonment by holding a person against their will and depriving someone of the means to call 911 for help by preventing them from using a telephone.
You can get immediate help for yourself if you are in danger from domestic violence by calling 911 on the telephone. If you are not in immediate danger, you can receive information about services available to help you protect yourself and escape from an abusive situation by calling 1-800-799-SAFE (7233) anywhere in the United States. You need to be aware that if you use a computer or a telephone in your home to research domestic violence, your attacker may be able to see later that you have visited those sites. It is best, if you are living in an abusive situation, to use a trusted computer or phone at a library or a friend’s home. If you are in immediate danger, you should not hesitate to call 911 from whatever telephone you have available however.
If you call for help from a domestic violence situation, the police will come to your home and investigate by asking all the people involved what happened and by asking to see any injuries or damage that occurred. If the police decide that an act of domestic violence did occur, they will most likely arrest the person who they believe committed the violence. In many cases, the police will decide to be safe and make an arrest in order to make sure that the victim is safe at home for the time being. The abuser will be taken to the jail in your county and held without any bond for up to 24 hours before they are brought before a judge. A bond is an amount of money which a person arrested for a crime may pay in order to insure that they will come back to court if they are released from jail. The purpose of holding a person accused of domestic violence with no bond at first is to prevent them from getting out of jail right away and returning to the residence before the judge and the prosecutor can look into the case. As the victim of the violence, you will be contacted and asked for your wishes regarding the setting of a bond. You will also be given notice by the police or the prosecutor’s office of the time and place for any court hearings and you will have the right to tell the judge what you want regarding the bond or other outcome of the case.
If the judge decides to set an amount of money as a bond, one condition of any release from jail will be that the person accused of the domestic violence will not be allowed to come back to the residence, even if it is their own home, or to contact the victim. Only if you, as the victim, tell the judge that you want the accused person to come back to the home will the judge normally allow that. Otherwise you will be able to call the police immediately as soon as you see that the accused person has arrived at your location, rather than waiting for another violent act to occur.
Soon after the arrest, usually in a week or two, the Office of the State Attorney, who acts as the prosecutor for crimes, will conduct their own investigation into whether or not they should prosecute the case. You will be able to speak to the prosecutor’s office and let them know what happened and what you want to occur as a result of the arrest. You may be notified of a meeting with the prosecutor. You should go to that meeting in order to let the prosecutor know what happened to you and what your desires are as to any sentence given to the accused person.
The sentences that can be imposed for a criminal charge of domestic violence can range from incarceration for a period of time to probation with requirements that the person have no contact with the victim, that the person pay restitution for any damage they caused or for medical expenses for any injury and possibly a requirement that the person attend a multi-week long domestic violence anger management course. Not every domestic violence charge has to lead to jail or prison time, in many cases, if the victim, the prosecutor and the judge agree, there may be a diversionary program available which will allow the accused person to get counseling rather than face criminal punishment.
In addition to the criminal prosecution for domestic violence by the State Attorney and the court, there is also a method available to legally prevent someone who has committed an act of violence from having contact with their victim by getting a civil injunction for protection. There are four types of Injunctions for Protection: (1) against domestic violence, (2) against repeat violence, which is used when the parties are not “family, or household members,” (3) against dating violence, (4) against sexual violence.
Anyone who has been the victim of domestic violence, or has reasonable cause to believe they are in imminent danger of becoming a victim, can file for an Injunction for Protection. A Repeat Violence Injunction requires two unrelated incidents of violence or stalking, one of which must have occurred within the last six months of filing for the petition. An injunction will order that the person who caused the violence or fear not have contact or come within 500 feet of the victim. Injunctions for protection will be enforced by the police by an arrest if they are violated. You can get help filing an Injunction for Protection at the Clerk of Court’s Office in your county. If you decide that you would like to have an attorney represent you during the hearing for an injunction, call the Law Office of Garry L. Potts. We have over 20 years of experience in domestic battery and injunctive relief cases and will be able to help you.
Often the victim of an abusive domestic situation feels helpless and trapped by the intimidation, fear of further abuse and lack of resources. In each county of Florida there are organizations and people who are there to help the victims of domestic violence escape the abusive situation and stay safe. They will assist you in contacting the proper authorities and understanding the legal system, in filing for a Protective Injunction and if necessary, by giving you shelter at a safe, secure and confidential shelter. You can get the information you need to help yourself by calling the toll-free number listed above. There are several thousand cases of domestic violence that occur each year just in the Central Florida area. The legal system is very experienced in dealing with these types of cases. You should never feel alone, helpless or embarrassed about asking for help if you are the victim of domestic violence.
If you are facing domestic violence, an injunction hearing or considering a divorce in Florida, or are being faced with a divorce petition filed by your spouse, please obtain experienced legal counsel to help guide you through the legal process and protect your rights. Clearwater attorney Garry Potts is available to set a consultation with you so to help you decide your next step. Please call (727) 538-4166 to schedule an appointment with Garry Potts.
