Few people consider the ramifications of a domestic violence situation when they are progressing through the early stages of a new relationship with a significant other. If things appear to be working well, thoughts of a potential criminal act rupturing the new alliance seem the furthest thing from one’s mind. However, according to the Florida Coalition Against Domestic Violence, more than half of the crimes of domestic violence reported in 2010 resulted in arrests.

The time for weighing your options and knowing your rights, then, ought to be before anything occurs that would be difficult to try to nullify or remedy. In some situations, neither is possible.

Here are a few answers to some of the more common questions about domestic violence:

Can I be charged with domestic violence if I’ve never lived with the other person?

The statutory requirement for an offense to be classified as one of domestic violence is for the offense to have been committed by one family or household member against another – people who formerly resided together or who had a child together can be charged in this manner.

Would it be better just to plea to the charge and be done with it?

Consider some of the penalties of admitting guilt or of being convicted of domestic violence in Florida: On top of the minimum and maximum penalties for domestic-categorized offenses, a person who enters a plea to such an offense is required to complete a 26-week Batterers Intervention Program. If bodily harm was found to have been inflicted on the victim, the law mandates a minimum of 5 days in jail. Persons convicted of domestic offenses also forfeit the right to own and possess firearms.

What if the person who initially made the complaint – say, my wife or girlfriend – now says she wants to drop the charges?

You can still be prosecuted for the offense even if your wife or girlfriend now says she wants to drop the charges. In some cases, people have been convicted of domestic-related offense even when the alleged victim has flat out testified that the incident(s) in question never happened. In fact, the Fourth District Court of Appeal said in 1999 that the “decision to prosecute does not lie with the [alleged] victim of the crime.”

As you can see, cases that are classified under the heading of domestic violence are not as open and shut as they might appear. Each requires thoughtful consideration by an experienced attorney so that you are fully aware of your rights and options. If you are facing domestic-related charges, please contact one of our specialists today.