One of the most common arrests we see in our Trinity, Florida office is domestic battery. A battery is any unwanted touching – not just a punch – it can be pushing, spitting, or throwing something at another person. “Domestic” is a relationship where two people live together or have a child in common – not just husband and wife, but brothers and sisters or parents and children.
Many domestic violence arrests do not lead to a conviction. Why? Because the State does not have enough evidence to go file formal charges. Or the victim does not want to prosecute. Or there are no witnesses.
If you were arrested for domestic battery, chances are no one listened to your side of the story. If you are arrested and hire us, we make sure your side of the story is heard. In most cases, formal charges are never filed.
Florida Statutes require the police to take any allegation of domestic battery very seriously – there does not need to be any injury. When the police arrive, they determine who the aggressor is and that person goes to jail. We see many cases where the person who actually called the police is the one who goes to jail. WHY? Because it’s entirely up to the arresting officer, and usually there are no witnesses.
We see many cases where the person who actually called the police is the one who goes to jail. WHY? Because it’s entirely up to the arresting officer, and usually there are no witnesses.
If you are arrested for Domestic Battery there is NO BOND – you must sit in jail until you can appear before a judge, usually the following day. The police will also take any guns or other weapons from you.
As with all cases, just because you are arrested for domestic battery, it does not necessarily mean the State Attorney will file formal charges against you. This is where a competent criminal defense attorney becomes so important. You must make sure, as soon as you are able to, and before you receive a court date, to hire an attorney to represent you.
At the Law Offices of Pawuk & Pawuk, we have years of experience with Domestic Violence cases, and can often get the charges dropped before you ever see the inside of a courtroom.