Archives of Topic: Battery and Assault
Who can be charged with domestic violence battery?
- July 25, 2011Florida law clearly defines who can face criminal charges for a domestic violence charge. The term Domestic Violence only defines the relationship of the people involved. The relationship must be in the form of one family member committing a crime against another family member or a person with whom he or she is in a dating relationship.
Florida law defines Family to mean “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.” This encompassing definition leaves very little guesswork in determining if something is domestic violence related. If you are interested in having the judge remove the “no contact” order call us immediately so we can quickly schedule the earliest hearing date.
If you have a pending DV Battery charge call us today for your free consultation. Don’t go at it alone and expect the truth to prevail. There are options available to aid your criminal defense and don’t wait to find out after the fact that you made a mistake. Call today, the consultation is free. (727) 797-9600 in Pinellas County and (813) 333-6517 in Hillsborough County. Continue reading
Am I required to take the batterers’ intervention program?
-Domestic violence law under Florida Statute 741.281 requires the court to place a person on a minimum of 12 months of probation and while on this probation the court must order the defendant to complete the batterers’ intervention program as a condition of this probation.
The court can waive the batterers’ intervention program as a condition of probation if the court determines that the program is inappropriate and states on the record why the program is inappropriate.
If you or a loved one is facing allegations of domestic violence contact us immediately to discuss your case. Our criminal defense attorneys can advise you of the negative consequences of domestic violence charges. Don’t wait, call us today and we will defend your rights and protect your best interest. Call the Rooth Law Group to schedule your free consultation: (727) 797-9600 in Pinellas County and (813) 333-6517 in Hillsborough County. Continue reading
How can I remove the judges no contact order?
-A Motion to Modify Pretrial Release must be filed before the presiding judge. Each judge and each county is different in how they process and handle the motion to modify the no contact order. I have run across judges that require the defendant to begin anger management classes before they could have contact with an alleged victim. I have also had judges grant contact with the alleged victims blessing with no additional terms. Often times the judge will amend the no contact order to a no violent contact order. This means any violent contact toward the alleged victim by the defendant, if reported, is a violation of pretrial release and the judge could chose to revoke the bond placing the defendant back into the county jail.
The most important aspect of this request is for the alleged victim to approve and agree to the requested contact with the defendant. More times than not the judge will grant the request if the judge feels the contact requested is mutually wanted by the defendant and the victim, and the judge does not see any noticeable signs of foreseeable danger or escalation of the situation. Domestic Violence offenses are prosecuted vigorously by the Office of the State Attorney and in many situations an Injunction seeking protection by the alleged victim is part of this process. Many things can benefit your defense if you are facing domestic violence charges.
Contact our office today for a free consultation. (727) 797-9600 in Pinellas County and (813) 333-6517 in Hillsborough County. For more information regarding domestic violence battery charges visit our Frequently Asked Questions (FAQ) section. Continue reading
If I plead guilty to a domestic violence charge do I have to complete the batterers’ intervention program?
-Yes, if you are adjudicated guilty or the adjudication is withheld, Florida Statute 741.281 requires the court to order the defendant to complete the batterers’ intervention program as a condition of probation. The court can waive the batterers’ intervention program as a condition of probation if the court determines that the program is inappropriate and states on the record why the program is inappropriate.
Before you enter a guilty or no contest plea, call us for a free consultation. Do not find out the hard way that you made a mistake. Domestic Violence offenses have far reaching consequences. Call the criminal defense attorneys at the Rooth Law Group to schedule your free consultation: (727) 797-9600 in Pinellas County and (813) 333-6517 in Hillsborough County. Continue reading
If I plead guilty to a domestic violence charge do I have to complete the batterers’ intervention program?
-Yes, if you are adjudicated guilty or the adjudication is withheld, Florida Statute 741.281 requires the court to order the defendant to complete the batterers’ intervention program as a condition of probation. The court can waive the batterers’ intervention program as a condition of probation if the court determines that the program is inappropriate and states on the record why the program is inappropriate.
Before you enter a guilty or no contest plea, call us for a free consultation. Do not find out the hard way that you made a mistake. Domestic Violence offenses have far reaching consequences. Call the criminal defense attorneys at the Rooth Law Group to schedule your free consultation: (727) 797-9600 in Pinellas County and (813) 333-6517 in Hillsborough County. Continue reading
If I plead no contest to a domestic violence charge do I have to complete the batterers intervention program?
-Yes, if you are adjudicated guilty or the adjudication is withheld, Florida Statute 741.281 requires the court to order the defendant to complete the batterers intervention program as a condition of probation. The court can waive the batterers intervention program as a condition of probation if the court determines that the program is inappropriate and states on the record why the program is inappropriate.
Before you make the decision to plead guilty or no contest to a domestic violence offense, call us for a free consultation. Florida domestic violence offenses have far reaching consequences; Get informed and learn what our criminal defense attorneys at the Rooth Law Group can do for you. To schedule a free consultation: (727) 797-9600 in Pinellas County and (813) 333-6517 in Hillsborough County. Continue reading
Do I have to go on probation if I plea to a domestic violence charge?
-Yes, Florida Statute 741.281 states anyone pleading guilty or no contest to a domestic violence charge must be sentenced to a minimum of 12 months of probation.
Before you enter a guilty or no contest plea, call us for a free consultation. Do not find out the hard way that you made a mistake. Domestic Violence offenses have far reaching consequences. Call the criminal defense attorneys at the Rooth Law Group to schedule your free consultation: (727) 797-9600 in Pinellas County and (813) 333-6517 in Hillsborough County. Continue reading
Will the police document a visit to my house for an allegation of domestic violence?
-Yes, Florida law requires the police to file a written report for all domestic violence allegations. It does not matter if an arrest was made or not. Florida statute 741.29 requires a supervisor to “sign off” on all reports pertaining to domestic violence. The reports are retained by the police agency and used for statistical purposes.
Call us today for a free consultation if you or a loved one has been charged with domestic violence. The criminal sanctions for a domestic violence offense are just the beginning. Protect yourself and contact the criminal defense attorneys at the Rooth Law Group. To schedule your free consultation: (727) 797-9600 in Pinellas County and (813) 333-6517 in Hillsborough County. Continue reading
Domestic Violence Battery
-The Rooth Law Group is dedicated to getting results in Hillsborough, Pinellas, Pasco and Manatee counties for clients charged with criminal offenses. If you have been charged with a Florida DUI, domestic violence dispute, assault or battery, drug trafficking charge or traffic violation, contact us immediately for your FREE consultation. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
Domestic Violence Battery
-The Rooth Law Group is dedicated to getting results in Hillsborough, Pinellas, Pasco and Manatee counties for clients charged with criminal offenses. If you have been charged with a Florida DUI, domestic violence dispute, assault or battery, drug trafficking charge or traffic violation, contact us immediately for your FREE consultation. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
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