Hard Line Approach

The Florida legislature specifically states that domestic violence shall be treated as a criminal act rather than a private matter. As a result, with the very first contact with law enforcement; there is a pro-prosecution mentality even if the alleged victim does not want to cooperate in the prosecution.

Not Entitled to a Bond Until You Appear Before a Judge
Once arrested, unlike most other crimes, you will not be able to post a bond and get out of jail until you appear before a judge. Often times, as a condition of bond, you are not allowed to have contact with the alleged victim or their place of residence, even if the alleged perpetrator owns the property.

The State Attorney Makes the Decision Whether to Prosecute
Even if the alleged victim does not want to cooperate; if the State Attorney believes there is sufficient evidence to proceed, they will do so.

Serious Penalties

If you change your plea to an offense involving domestic violence, Florida Law requires that the offender successfully enter into and complete six months of family violence counseling. Your sentence may also include provisions such as no contact with the victim, alcohol evaluation and treatment, psychological evaluation and treatment, and restitution.

In addition to counseling, depending on the charge you may be facing incarceration if convicted.

• If convicted of Domestic Violence with Bodily Harm you are facing a minimum of 5 days in the county jail.
• If convicted of Aggravated Domestic Battery, even without any prior criminal record, you are facing a mandatory prison sentence up to 15 years.