When police are called to the scene of a domestic argument, the person they determine to be the primary aggressor will go to jail. In my experience it is often the person who actually makes the 911 call. The determinations by the police of who the primary aggressor is often incorrect and the determinations are made based on misinformation from witnesses.
Domestic Violence Attorney
If you have been charged with Domestic Violence in Fort Walton Beach, Destin, Niceville, or anywhere in Okaloosa County, you have come to the right place. If you want to have contact restored with your loved one, you have come to the right place. If you are in the military and need this to be dismissed, you have definitely come to the right place.
For over 13 years, Robert A. Dees has been getting great results for clients of Domestic Violence cases. We aggressively represent out of town visitors, military clients, and of course our local residents.
Domestic Violence Defined
According to Fla. Stat. 741.28, Domestic Violence includes the commission of an offense by one household or family member against another, which results in physical injury or death.
A household or family member is any spouse, blood relative, relative by marriage, or resident of the home. If two individuals have a child together, the incident will be considered domestic violence even if the two people were never married or never resided together.
Common Domestic Violence Charges
Here are a few of the more common Domestic Violence charges:
Domestic Battery: According to Fla. Stat. § 784.03, an individual is guilty of domestic battery if he or she intentionally makes physical contact with a family member or household member against their will. This is a first degree misdemeanor punishable by up to 1 year in prison.
Domestic Battery by Strangulation: Felony offense that requires proof the defendant restricted the air flow or blood circulation of the victim.
Aggravated Battery on a Pregnant Woman: Felony offense punishable by up to 15 years in prison. Requires proof that the defendant knew or should have known that the victim was pregnant.
What if the victim didn’t want to press charges?
The State of Florida proceeds as the victim in every Domestic Violence case, even if the victim has filled out a drop charge request. However, the State needs a witness who is willing to come to court and testify. Without that, in most cases, the charge gets dismissed.
Will you contact the victim?
Absolutely. This helps me determine the reason the victim is cooperative with getting the charges dismissed or whether the victim is set on following through with the charges.
I have handled thousands of domestic violence cases. There are some cases that are more serious than others, but all are very important to my clients. Therefore, I handle these cases with a great deal of care. Many times these charges are resolved with a dismissal of the charges.
How can the no contact order be lifted?
This is a priority in every Domestic Violence case and is typically the first question. How can I get the no contact order modified? Simply put, I will contact the victim to see if he or she will agree to the modification. If the victim agrees, I will simply contact the State Attorney for an agreement to change the order to no violent contact. This is the first thing I will work on when I am hired for your case. It is necessary that I talk to the alleged victim and get some information and to acquire his or her cooperation. If the victim cooperates, I am almost always successful in getting the no contact order lifted very quickly.
Keep in mind that even if the no contact order is lifted, you will still be under a strict no violence contact order from the Court.
Why do I need a lawyer?
You need a lawyer in any criminal case, period. Prosecutors work for the State of Florida, not on your behalf or in your best interest. They will not tell you if you have a defense or the likelihood that charges may ultimately be dismissed. I will.
Plea bargaining without a lawyer is never going to obtain the desired result. The only one who will benefit from such a scenario is the State Attorney. Most people don’t realize this, but a Domestic Violence charge will prevent someone from owning or possessing a firearm. The State Attorney certainly would not tell you that. To find out more about how a Domestic Violence charge will affect you and how I will get your case dismissed, simply call me at Robert A. Dees, PA.
What should I do now?
If you have been arrested for Domestic Violence in Fort Walton Beach, Destin, Niceville, or anywhere in Okaloosa County, please call my office at Robert A. Dees, PA. I will be glad to answer all of your questions.