Can I be prosecuted for domestic violence in Florida if the alleged victim does not press charges?
You may. If there is enough evidence for the State of Florida to continue with their case, they may do so even without the alleged victim’s cooperation. For instance, they may have eyewitnesses, 911 phone calls, photographs or admissions.
Will domestic violence affect my child custody/time-sharing case in Florida?
If there is a conviction of domestic violence there is rebuttable presumption of detriment to the child which means shared parental responsibility and timesharing may not be granted. The court will consider evidence of domestic violence or child abuse as evidence even if there is no conviction or injunction for protection against domestic violence.
Who can see my criminal history record when it is sealed vs. expunged?
When a criminal history record is sealed, the public will not have access to it. Certain governmental or related entities, such as the Florida Bar, the Department of Children and Families, the Department of Education, access to sealed record information in its entirety. In the alternative, when a record has been expunged, those entities… Read More »
What kinds of actions are considered domestic violence in Florida?
Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
What is a domestic violence injunction in Florida?
A domestic violence injunction in Florida is also known as a restraining order. If you are the person applying for a domestic violence injunction, then your injunction will order that the respondent have no contact with you, go to your home, be within a certain number of feet of your car, workplace, school of… Read More »
