In Florida, is domestic violence as any attack, battery, sexual assault, sexual assault, harassment, abduction, illegal detention, or any act that defines injury or death of a family results or household member by another family member or household.
What makes the above crime offenses "domestic violence" is the relationship, past or present, between the accused and the victim. Florida law defines a family member or household as spouse, former spouse persons related by blood or marriage to residents still together as if a family or who have lived together in the past as if a family, and people who are parents of a child together, if they were married or not. Except for persons who have a child together, the members of the family or household must still live together, or should have done in the past.
Office of the Prosecutor Pinellas County has a special unit or division of the prosecutors to investigate, charge and prosecute domestic violence crimes offense level. A level of crime there is usually a public prosecutor to assigned cases of domestic violence in every crime division. This provision is required by law and is common throughout the state, therefore.
Florida law also ordered a pro-arrest and pro-prosecution policy for all violent crimes. This type of crime is aggressively pursuing law enforcement agencies and prosecutors. In many cases, the alleged victim of a crime of domestic violence, not to pursue the case after an arrest or the file is an indictment. While the state to take the standing of victims in criminal proceedings to note is not necessarily a decisive result. The state may be able to made the case with court statements of the victim to the 911 operator, law enforcement, other people who are on or near the time of had to prove infringement and of course none of eligible statements of the accused responds self made. In almost all cases the police responded injuries of the victim, which can also be used in a subsequent study photographed. The conclusion is that the victim's cooperation is not always necessary for a successful prosecution and pro-prosecution policy in mind, to lead not necessarily dropped the load, the absence of full cooperation from the alleged victims.
For a domestic violence offense the defendant is usually on the links held until he or she is brought for a first appearance hearing or consultation before a judge. These hearings are held within 24 hours of his arrest. Before the hearing, the state will appear to check criminal history in search of past cases of violent crime, domestic violence and / or non-scheduled for hearings. The state will also try alleged victim to contact to determine whether he or she is in fear of the defendant, and if he or she wants to have contact with the accused. All information will be at the hearing before the Court, provided that the judicial councils can determine an appropriate amount of obligations and whether or not the defendant, the victim to contact to release. If the victim does not exist, and the state has not been able to reach this person, do not apply a rule the court in contact with the victims as a condition of probation. If the defendant to spend after the contact with the victim, the state to revoke the bond and can also charge the defendants with an additional penalty.
If the alleged victim afraid of the defendant, and not to contact, he or she can apply for a protection order against domestic violence in the circuit court. It is separate and distinct from a recipe contactless as a condition of marriage. The members of the family or household (as defined above), or the victims of domestic violence, or the circumstances to believe that they, a victim of domestic violence are at risk are entitled to seek an injunction (a lot of people refer to this as an "injunction"). If it turns out that the Court, on the basis of statements and declarations in support of it, there is one and the presence of immediate danger of domestic violence, the Court of an injunction ex parte, to a full hearing available with both parties. At the hearing, the court will decide whether the injunction should be discarded or prolonged. If the mandate is extended, the court may order the defendant must participate in a program of interventions for abusive partners. If the defendant is against the terms of the injunction, he or she may be prosecuted.
As with all cases of offenses in Florida, the sentencing guidelines are not applicable. For home crime is a misdemeanor of the second degree, the defendant before a maximum sentence of six months on probation and up to 60 days in jail. For home crime is a misdemeanor of the first degree, the accused faces up to one year in prison or a trial year (or a combination of both). The maximum penalty for households related serious offenses can range from five years to life imprisonment (possibly the death penalty on the basis of the underlying facts and circumstances or). As with all serious crimes, the lower end of the range is determined by the judgment sentencing guidelines. When the weapon was used in the commission of the offense can be applied, the provisions of the 10-20-Life law of Florida. It may be further improvement is also applicable in cases of serious crime. An area of defense lawyers with experience Tampa Bay can get additional information about what bid if improvements will be applied in individual cases.
In most domestic related crimes, the accused will have to undergo some tips. These consultations can be from eight hours to 26 weeks. In most cases it will be necessary that the twenty six-week program (one hour per week). For many first-time offenders, a diversion program or intervention of domestic violence may be an option. Under these circumstances, the person placed on probation for a period of time (without entering a plea of guilty or no contest) and was forced to undergo domestic violence counseling or anger management. Other conditions may be imposed, and how substance abuse counseling or restitution for the victim. If the person requirements of the standard has been successfully completed, must be rejected no further violations of the law desktop.
Note also that according to Florida law, if a person is convicted of a crime of violence and the accused intentionally caused bodily harm to another person, the court shall the person to a minimum of five days to serve in the county jail as part of his sentence.
There are some restrictions on a person's ability to seal or clear a record of domestic violence in terms of how the case was resolved. An experienced defender Tampa Bay zone can create more details on these limits. Even for non-US citizens, a plea for a crime of domestic violence can have serious consequences for immigration to have including deportation. Non-US citizens should always consult an immigration attorney before. In a plea in a criminal case, but this is especially true in cases of domestic violence
Hopefully some useful information about laws against domestic violence and procedures in Florida in the Tampa Bay area in particular General has provided. More detailed questions should be directed to a defense lawyer in your area....
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