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As a former Supervisor in the Domestic Violence Unit (DMV) with the Public Defenders
Office, I was quick to learn how important it is for an attorney to get involved early in a
domestic violence case in Florida. It was apparent how many cases did not belong in the
Domestic Violence courts, how a law in the wrong hands could become a weapon. How it was
used for divorce situations, immigration matters as well as the simple call for a cop to
help settle an argument which resulted with the loved one going to jail with the caller
pleading NO. Many times without the showing of any type of battery or assault. Gone are
the days of sending a domestic violence suspect over to a friend or relatives house to
“cool off.”
The O.J. Simpson prosecution brought enormous attention to the Domestic Violence charge
and the subsequent public and media pressure demanded change. Domestic violence came under
the intense scrutiny by the country as well as the Florida Legislature. Law enforcement
developed new policies all centering on liability. The phrase arose, "if you call about
domestic violence, someone is going to jail". The court system created specialized domestic
violence divisions and the state staffed the divisions with domestic violence trained
prosecutors. The inmate’s calls now get monitored, with the state even going to the extent
of getting the phone calls taped and transcribed for use in court.
A few years back in July of 2001, the legislature implemented a law which automatically
causes a second domestic violence offense to be treated as a felony.
Do not think you can go this alone. Do not think that if the victim asks that the
domestic violence case will be dropped that the state attorney will drop the case. Do
not think that if the victim says they will not cooperate that the state will drop the
domestic violence charge, the state can and often will pursue a case with or without a
victims cooperation. The state attorney does not treat this as crime against a person;
they treat domestic violence as a crime against the state of Florida.
I have handled 100’s of Domestic Violence cases for individuals accused. They have
resulted in acquittals, case’s not being filed, charges being reduced, children and spouses
reunited with their loved one and help for those who seek it. In addition, I have also
represented the victims who by calling the police truly themselves became victims with the
unwanted result of their loved one being taken away in handcuffs. I have helped them seek
contact and convince the state to dismiss the charges.
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