Domestic violence is a murky section of the criminal justice system. It’s of such an intimate and passionate nature, that quite often alleged victims and the accused will reconcile before the truth of the matter ever comes to light.
However, the accuser can’t have the charges dropped merely because they refuse to cooperate with the prosecution. In the state of Florida, domestic violence is considered to be between two people in a current or former “dating” relationship. To meet this definition of relationship, the two people must have been in a romantic/intimate/sexual relationship. The state can issue an injunction to individuals who can prove an immediate danger or injury within a dating relationship. And of course, they may prosecute a defendant who violates an injunction. Unless there has been a pattern or history of violence, it can be quite difficult to have a clear understanding of the situation.
It is important to remember that there are serious legal consequences of a conviction for domestic violence. This can include lengthy jail time, hours and hours of therapy, the loss of your right to own a firearm, the loss of the right to enter your home and you may lose the right to see your children. If your ex or current spouse or partner has accused you of domestic violence, you will need an experienced legal representative.
Many domestic violence cases involve very little evidence, as it’s just a tale of two different sides. Prosecutors won’t have much to work with in a “he said/she said” scenario. Charges can even be dismissed if the truth is on your side and the facts expose holes in the prosecution’s case.