Domestic Violence (DV) cases present wrinkles for everyone in the system (the Defendant, the State and the Court), as they almost always involve emotional charged folks who’s lives are either interdependent or interconnected, the potential for repeat or escalated violence is almost always high and there is more often then not the likelihood that a victim will, for whatever reasons, wish not to prosecute the perpetrator.
For these reasons, in Florida DV cases Defendant’s suffer aggressive prosecution (more aggressive than many other offenses), the State feels obligated to “force” all victim’s to “help themselves” (which serves the dual purpose of covering its own proverbial butt in the event of a subsequent violent altercation) and the Court engages in pure self-protection (because no Judge wants to read her/his name in the paper as being responsible for “cutting loose” the repeat DV offender who re-injures, more seriously injures or kills a victim when the Court could have acted to prevent the same from occurring).
These are the practical realities of DV cases that we all must live with and it is for these reasons that there is a mandatory 24 hold (a statutorily required cooling-off period) for anyone booked into a FL jail for any DV case and that DV victim’s are afforded special protections (such as being required to be evaluated, even if only by responding officers who have a DV “checklist”, are required to be provided information about alternatives to returning to “life” with the alleged perpetrator and are encourage to seek a civil injunction for protection against domestic violence, a “DVRO”).
At Michael A. Haber, P.A. we represent DV Defendants in both County (misdemeanor) and Circuit (felony) Courts, we provide “Victim’s Rights’ Advocacy” for those who have suffered acts of domestic violence (in Florida victims of crimes have rights, both constitutional – S. 16, Art. I of the Florida’s State Constitution – and by statute – Chapter 960, Florida Statutes) and we also defend civil Domestic Violence Restraining Orders (DVRO’s).