Orlando Dating Violence Defense Lawyer

If you have been charged with any type of dating violence in Orlando please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your dating violence charge dismissed or reduced.  The alleged victim CANNOT drop the charges, only the State can.

Former Prosecutor

As a former prosecutor Chris has an understanding of what can be important to the prosecutor in your Orlando dating violence case.  It is important to understand how the other side works.  Chris uses this understanding to determine what needs to be done to get the best possible outcome in your dating violence case.

Orlando Defense Lawyer Since 1999

Chris has been defending individuals in Orlando since 1999.  Being an Orlando defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Orlando that handle dating violence cases like yours.  Experience dealing with those judges and prosecutors is important in achieving the best results in your dating violence case.

Different Orlando Dating Violence Defense Lawyers Get Different Results

When you have been charged with any type of dating violence in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you.  A dating violence conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer.  The better prepared you are for your court appearance the more likely it is you will get a favorable outcome.  The best results possible are rarely obtained by just hoping for them.  Get the help you need at Chris S. Boatright, P.A. to get the best results possible.

Release Conditions

If you have been prohibited from returning to your home and/or prohibited from having contact with the alleged victim you may request the court to modify your release conditions in your dating violence case.  Unless modified by the court, any conditions of release in your dating violence case will remain in effect for the duration of your dating violence case.  As your Orlando dating violence defense lawyer, Chris can file a motion to modify your release conditions asking the court to allow you to return home and/or have contact with the alleged victim in addition to asking to modify any other special conditions of your release.

Violation of Dating Violence Release Conditions

A person who willfully violates a condition of pretrial release is subjected to the court revoking the bond and placing them back in custody.

Dropping Charges

It is important for you to know that the alleged victim CANNOT drop the charges in your dating violence case.  In your dating violence case only the State Attorney’s Office can file charges and only the State Attorney’s Office can drop charges.  There are many reasons why dating violence charges are not filed by the State Attorney’s Officer and many reasons why the State Attorney’s Office drops dating violence charges after they are filed.  The State Attorney’s Office may proceed with the dating violence charges against you, even without the cooperation of the alleged victim.  The State Attorney’s Office files charges in many dating violence cases where the alleged victim refuses to write a statement, refuses to prosecute and refuses to testify in court.  Do not believe that just because the alleged victim does not want dating violence charges filed against you that the State Attorney’s Office will not file dating violence charges against you.  The State Attorney’s Office decides who gets prosecuted for dating violence charges NOT the alleged victim.

Expungement Or Sealing Of  Dating Violence Charges

A dating violence charge may not be expunged if you are convicted.  However, according to Florida Statute 776.09:

(1) Whenever the state attorney or statewide prosecutor dismisses an information, indictment, or other charging document, or decides not to file an information, indictment, or other charging document because of a finding that the person accused acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in this chapter, that finding shall be documented in writing and retained in the files of the state attorney or statewide prosecutor.

(2) Whenever a court dismisses an information, indictment, or other charging document because of a finding that the person accused acted in lawful self-defense pursuant to the provisions related to the justifiable use of force in this chapter, that finding shall be recorded in an order or memorandum, which shall be retained in the court’s records.

(3) Under either condition described in subsection (1) or subsection (2), the person accused may apply for a certificate of eligibility to expunge the associated criminal history record, pursuant to Florida Statute 943.0585(5), notwithstanding the eligibility requirements prescribed in Florida Statute 943.0585(1)(b) or (2).

Evidence

In order for the State of Florida to prove you committed the crime of dating violence, the State need’s evidence.  Normally, the law enforcement officer’s report contains a statement of the evidence against you.  However, there may be other evidence in your case which the law enforcement officer failed to document in the report.  It is essential for you and your attorney to review all of the evidence in your case before preparing your defense.  Some important questions are:

  • Were there any witnesses to the incident and if so did they provide a statement?
  • Did you provide any statements?
  • Was anyone injured?

Constitutional Rights

The United States Constitution and the Florida Constitution both guarantee that people be free from self-incrimination.  In order for a person to give up their privilege against self-incrimination the person must do so freely voluntarily and knowingly and that is why a person is normally advised of their Miranda rights after arrest but prior to any questioning by a law enforcement officer.  It is important for you to know if your privilege against self-incrimination was violated.  If your privilege against self-incrimination was violated evidence in your case may be inadmissible.  Some important questions to consider are:

  •  Were you questioned by a law enforcement officer after you were arrested?
  •  Did you make any statements that are harmful to your case?
  •  Were you read your Miranda rights?

Orlando Dating Violence Penalties

A conviction for dating violence can result in many different penalties.  It is important for you to know what penalties you may be facing.  Some of the penalties for a dating violence conviction may include:

  • Time in Jail or Prison
  • Probation
  • Anger Management Counseling
  • No return to your residence and/or no contact with the alleged victim
  • Community Service, Restitution, Fines and/or Court Costs

*Program fees and costs subject to change without notice*

Information About Orlando Dating Violence Charges

There are many different types of dating violence charges. The most common types of dating violence charges prosecuted in Orlando are dating violence battery, dating violence aggravated battery, dating violence assault and dating violence aggravated assault charges.

Definition Of Dating Violence

Dating Violence means violence between individuals who have or have had a continuing and significant relationship or intimate nature.  The Existence of such a relationship shall be determined based on the consideration of the following factors: (1) a dating relationship must have existed within the past 6 months; (2) the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and (3) the frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

Dating Violence Battery

The offense of dating violence battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.  Dating violence battery is a first-degree misdemeanor punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine.  However, if the person who commits the dating violence battery has one prior conviction for battery, aggravated battery, or felony battery then that person commits a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years of probation and/or a $5,000 fine.

Dating Violence Aggravated Battery

A person commits dating violence aggravated battery who, in committing battery intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement or uses a deadly weapon.  A weapon is a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. Dating violence aggravated battery is a second-degree felony punishable by a maximum of 15 years in prison and/or 15 years of probation and/or a $10,000 fine.

Dating Violence Assault

Dating violence assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.  Dating violence assault is a second-degree misdemeanor punishable by a maximum of 60 days in jail and/or 6 months probation and/or a $500 fine.

Dating Violence Aggravated Assault

Dating violence aggravated assault is an assault with a deadly weapon or with an intent to commit a felony.  A weapon is a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm.  Dating violence aggravated assault is a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.

Dating Violence Stalking

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine.

“Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.

“Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.

“Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

Dating Violence Aggravated Stalking

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.

A person who, after an injunction for protection against domestic violence pursuant to Florida Statute. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.

“Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.

“Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.

“Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

Dating Violence Kidnapping

A person who kidnaps a person is guilty of a felony of the first degree, punishable by imprisonment for a term of years not exceeding life.

The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: (1) Hold for ransom or reward or as a shield or hostage (2) Commit or facilitate commission of any felony (3) Inflict bodily harm upon or to terrorize the victim or another person (4) Interfere with the performance of any governmental or political function.

Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.

Dating Violence False Imprisonment

A person who commits the offense of false imprisonment is guilty of a felony of the third degree punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.

The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.  Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian.

Dating Violence Child Abuse

If you are arrested for dating violence charges and the incident that caused your arrest happened in front of your child(ren) often times you will be arrested for an additional charge of dating violence child abuse.  Consequently, normally the Florida Department of Children and Families (DCF) will be notified of the incident.  This will normally cause DCF to conduct a separate investigation from the criminal dating violence case.

A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.

“Child abuse” means:

1. Intentional infliction of physical or mental injury upon a child;

2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or

3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

“Mental injury” means injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability of the child to function within the normal range of performance and behavior as supported by expert testimony.

Witness Tampering

A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with the intent to cause or induce any person to: withhold testimony; testify untruthfully in an official investigation or an official proceeding; be absent from an official proceeding to which such person has been summoned by legal process; violates Florida Statute section 914.22.

Florida Statute 914.21 Definitions.—As used in Florida Statute 914.22914.24, the term:

(1)  “Bodily injury” means:

(a)  A cut, abrasion, bruise, burn, or disfigurement;

(b)  Physical pain;

(c)  Illness;

(d)  Impairment of the function of a bodily member, organ, or mental faculty; or

(e)  Any other injury to the body, no matter how temporary.

(2)  “Misleading conduct” means:

(a)  Knowingly making a false statement;

(b)  Intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact and thereby creating a false impression by such statement;

(c)  With intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;

(d)  With intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or

(e)  Knowingly using a trick, scheme, or device with intent to mislead.

(3)  “Official investigation” means any investigation instituted by a law enforcement agency or prosecuting officer of the state or a political subdivision of the state.

(4)  “Official proceeding” means:

(a)  A proceeding before a judge or court or a grand jury;

(b)  A proceeding before the Legislature; or

(c)  A proceeding before a federal agency which is authorized by law.

(5)  “Physical force” means physical action against another and includes confinement.

Florida Statute 914.22 Tampering with or harassing a witness, victim, or informant; penalties.—

(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:

(a) Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding;

(b) Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;

(c) Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;

(d) Be absent from an official proceeding to which such person has been summoned by legal process;

(e) Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or

(f) Testify untruthfully in an official investigation or an official proceeding,

commits the crime of tampering with a witness, victim, or informant.

(2) Tampering with a witness, victim, or informant is a:

(a) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor.

(b) Felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony.

(c) Felony of the first degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.

(d) Felony of the first degree, punishable by a term of years not exceeding life or as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony or a first degree felony punishable by a term of years not exceeding life.

(e) Life felony, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a life or capital felony.

(f) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding.

(3) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from:

(a) Attending or testifying in an official proceeding or cooperating in an official investigation;

(b) Reporting to a law enforcement officer or judge the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding;

(c) Arresting or seeking the arrest of another person in connection with an offense; or

(d) Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or from assisting in such prosecution or proceeding;

or attempts to do so, commits the crime of harassing a witness, victim, or informant.

(4) Harassing a witness, victim, or informant is a:

(a) Misdemeanor of the first degree, punishable as provided in Florida Statute 775.082 or Florida Statute 775.083, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor.

(b) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony.

(c) Felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.

(d) Felony of the first degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony.

(e) Felony of the first degree, punishable by a term of years not exceeding life or as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the first degree punishable by a term of years not exceeding life or a prosecution of a life or capital felony.

(f) Felony of the third degree, punishable as provided inFlorida Statute. 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding.

(5) For the purposes of this section:

(a) An official proceeding need not be pending or about to be instituted at the time of the offense; and

(b) The testimony or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(6) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance:

(a) That the official proceeding before a judge, court, grand jury, or government agency is before a judge or court of the state, a state or local grand jury, or a state agency; or

(b) That the judge is a judge of the state or that the law enforcement officer is an officer or employee of the state or a person authorized to act for or on behalf of the state or serving the state as an adviser or consultant.

Florida Statute 914.23 Retaliating against a witness, victim, or informant.—A person who knowingly engages in any conduct that causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for:

(1) The attendance of a witness or party at an official proceeding, or for any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(2) Any information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding given by a person to a law enforcement officer; or attempts to do so, is guilty of a criminal offense. If the conduct results in bodily injury, such person is guilty of a felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084. Otherwise, such person is guilty of a felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084.

Orlando Dating Violence Penalties

A conviction for dating violence can result in many different penalties.  It is important for you to know what penalties you may be facing.  Some of the penalties for a dating violence conviction may include:

  • Time in Jail or Prison
  • Probation
  • Anger Management Counseling
  • No return to your residence and/or no contact with the alleged victim
  • Community Service, Restitution, Fines and/or Court Costs

*Program fees and costs subject to change without notice*

Dating Violence Defenses

Self Defense And The Defense Of Others

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.  A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or

(c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or

(d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3) A person who is attacked in his or her dwelling, residence, or vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force in accordance with Florida Statute 776.012(1) or (2) or Florida Statute 776.031(1) or (2).

(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

A person who uses or threatens to use force as permitted in Florida Statute 776.012, Florida Statute 776.013, or Florida Statute 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.  A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful.  The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

Use or threatened use of force by aggressor.—The justifications for use or threatened use of force by an aggressor as stated above are not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use or threatened use of force against himself or herself, unless:

(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

Defense Of Property

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.  A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

A person who uses or threatens to use force as permitted in Florida Statute 776.012, Florida Statute 776.013, or Florida Statute 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.  A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful.  The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

Use or threatened use of force by aggressor.—The justifications for use or threatened use of force by an aggressor as stated above are not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use or threatened use of force against himself or herself, unless:

(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

Lack Of Injuries

Lack of injuries for conduct which should have normally produced injuries.

Conflicting Details

Conflicting details in an alleged victim’s story about the incident, for instance, alleged victim says the Defendant threw a dinner plate at the alleged victim, that hit the alleged victim and shattered on the tiled kitchen floor, but no dinner place pieces are anywhere to be found, the Defendant allegedly punched a hole in the wall of the bedroom, but there is no hole in the bedroom wall, etc.

Divorce

Divorce and/or child custody and/or child support and/or alimony issues that are reasons for the alleged victim to make up an incident or exaggerate an incident.

False Allegations

False allegations because the alleged victim is actually the one who committed the domestic violence but does not want to go to jail so the alleged victim makes up domestic abuse that never occurred.  False allegations because the alleged victim is being kicked out of the home due to relationship problems such as cheating. False allegations because the Defendant cheated on the alleged victim and the alleged victim wants revenge.  False allegations because the alleged victim owes the Defendant money.

Pre-Trial Diversion Programs

One way to get your domestic violence charge dismissed is by completing a Pre-Trial Diversion program.  Not every dating violence case is eligible for a Pre-Trial Diversion program.

In Orange County, Florida there are two pretrial diversion programs for dating violence charges.

Misdemeanor Pre-Trial Diversion and Felony Pre-Trial Diversion.  Each program has its own specific eligibility requirements.

*Program fees and costs subject to change without notice*

Orange County Pre-Trial Diversion Program For Misdemeanor Dating Violence Charges

This is a deferred prosecution program for selected misdemeanor charges and for selected individuals.  This program is offered by the Office of the State Attorney and supervised by Orange County Community Corrections.  Successful completion of the Orange County Misdemeanor Pre-Trial Diversion Program will result in the dismissal of your charge(s) by the Office of the State Attorney.

Eligibility

  1. You must have no prior sentence, conviction or dismissal for a similar charge, no prior felony convictions, no prior convictions for charges ineligible for diversion, and no prior adult diversion/deferred prosecution programs.
  2. You must be a legal resident of the United States.
  3. You must have no more than one prior misdemeanor conviction.
  4. Your charge(s) must have no more than $1,000 in restitution.
  5. You must be approved by the Office of the State Attorney.

Program Details

  1. Program length is 12 months
  2. Program cost is $600
  3. Program intake fee is an additional $20
  4. Program drug testing fee is an additional $17
  5. Program phone reporting fee is an additional $6-$7 per month
  6. Program Office of the State Attorney fee is an additional $100
  7. You must perform a minimum of 40 hours of alternative community work service
  8. You will also successfully complete a batterers’ intervention program
  9. No contact/no hostile contact with the alleged victim
  10. Additional charge specific special conditions
  11. You are responsible for any additional costs for classes and evaluations

*Program fees and costs subject to change without notice*

Orange County Pre-Trial Diversion Program For Felony Dating Violence Charges

If you successfully complete the Orange County Pre-Trial Diversion Program the charge(s) you were placed in the program for will be dismissed.

This a 12 month long program with the following requirements:

1.) You must refrain from violation of any federal, state or local law.  If you are arrested or charged with a crime while in the pretrial diversion program, you are subject to automatic revocation whether the crime occurred before or after the signing of the pre-Trial Diversion Contract.

2.) You must associate only with law abiding persons.

3.) You must work regularly at a lawful occupation; or pursue a course of studies as a full-time student, or both.  Employment must be verified by documentation only within the first 30 days of supervision.  Thereafter, employment verification shall be made every other month.

4.) You must take an active part in counseling and attend all scheduled appointments.  You must participate in and be responsible for program costs of any referrals your pretrial diversion officer recommends.  Referrals may include, but are not limited to participation in drug/alcohol counseling, a mental health evaluation, urine screenings, General Equivalency Diploma (GED)  and English for Speakers of Other Languages (ESOL).

5.) You must immediately inform the Pretrial Diversion Program of any anticipated or unanticipated change in your residence or your employment.  It is your obligation to notify the Pretrial Diversion Program of any change in your address and to comply with residence verification instructions.  Should it be determined that you have moved from your reported residence or changed employment, without notice to the Pretrial Diversion Program, and are no longer able to be contacted through your reported mailing address, you are subject to automatic revocation.  If you have been arrested in this case, you must also notify the Clerk of the Court for Orange County, Florida, preferably in writing, of your address change.  No Out-of-Country Travel will be approved while participating in the Pretrial Diversion Program.  All Notices, summonses, or other mail will be sent to your current address.  If you fail to appear in court due to paperwork being sent to an old address, a warrant may be issued for your arrest, and you may be revoked from the Pretrial Diversion Program.

6.) You will promptly and truthfully answer all questions directed to you by your Pre-Trial Diversion Program Officer.

7.) You must pay a Cost of Supervision fee of $20.00 a month to the State of Florida as required by Florida Statute Section 948.08 unless otherwise exempted in compliance with the Florida Statutes.  All monies collected by the Florida Department of Corrections will be subject to a 4% surcharge.  There will be a one-time drug testing fee of $30.00.

8.) You will complete 100 hours of Alternative Community Service (ACS).  ACS and all sanctions must be completed sixty days prior to the expiration of this contract or sixty days prior to any subsequent expiration date resulting from an extension or as determined by a Review Board Panel.

9.) Once the Defendant has satisfied all sanctions, early termination is acceptable.

10.) You must pay a $100.00 non-refundable cost of prosecution fee to the State of Florida within 60 days as required by Florida Statute Section 938.27.

11.) Charge specific special conditions.

12.) You will also submit to random urine screenings for drugs.  Any drug test with a positive result is a violation of the Pretrial Diversion Program Agreement, and may result in additional consequences or revocation from the Pre-Trial Diversion Program.

In order to be eligible for the Pre-Trial Diversion Program you must have no criminal history (arrests, convictions, or cases in which adjudication of guilt has been withheld, whether as a juvenile or adult), or if you have a prior criminal history, you must disclose it to the Pretrial Diversion Program.  If it is found that you not been fully candid on this issue, you are subject to revocation from the Pre-Trial Diversion Program.

If you fail to comply with any of the above conditions, your case may be subject to the following action, depending upon the violation.

  1. Your officer may extend the period of diversion to a term not to exceed 3 months from the date of the Pre-Trial Diversion Program Contract, or
  2. The Review Board may add additional special conditions or otherwise modify this contract, or
  3. Revoke the Pre-Trial Diversion Program contract and the State Attorney will prosecute you for this offense.  A Review Board comprised of an Assistant State Attorney and a representative of the Florida Department of Corrections, Pretrial Diversion Program, has been established for the purpose of reviewing any proposed revocation or modification of your Pretrial Diversion Program Contract.  Your Pretrial Diversion Officer will attend this hearing.  Modification of your Pre-Trial Diversion Program Contract may occur if you agree to the modification, by Review Board decision.  At Review Board Hearings, evidence establishing violations of conditions of the Pre-Trial Diversion Program Contract will be heard.  You will be given notice of this hearing and may attend and present any evidence you have in your defense and/or any evidence you have to establish matters in mitigation.  Failure to appear will result in automatic revocation from the Pre-Trial Diversion Program.  The Review Board, after hearing and considering all evidence, will render a decision in writing, citing the reasons for that decision.  All members of the Review Board must agree to revocation or modification.  In its written decision, the Review Board will state whether it has decided to revoked the Pre-Trial Diversion Program Contract or allow the Defendant to continue in the Pre-Trial Diversion Program.  If the agreement is modified, the modifications made by the Review Board will be stated.  If you are revoked from the Pre-Trial diversion Program, you will be prosecuted for the original criminal violation.  The Defendant is bound by the decision of the Review Board.  The Pre-Trial Diversion Contract is an agreement that is a deferral of prosecution.  If the terms of the agreement are met, the initial charge will be dropped and the State of Florida will be barred from prosecution.  If the terms of the agreement are violated, prosecution concerning any charge will proceed.

*Program fees and costs subject to change without notice*

Overview Of A Dating Violence Case

What Is The Definition Of Dating Violence In Orlando?

Dating Violence means violence between individuals who have or have had a continuing and significant relationship or intimate nature.  The Existence of such a relationship shall be determined based on the consideration of the following factors: (1) a dating relationship must have existed within the past 6 months; (2) the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and (3) the frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

Does Someone Have To Go To Jail In A Dating Violence Case In Orlando?

Someone Is Going To Jail

When law enforcement officers respond to a call regarding dating violence they come with the presumption that someone is going to get arrested and go to jail.  So once the officers arrive it is normally just a matter of figuring out who is going to jail for dating violence charges.  Contrary to what some people believe who call 911 law enforcement officers do not respond to resolve dating disputes.  They respond to determine if a crime has been committed and to arrest that person or persons and to take them to jail.  Many times the person who called 911 for assistance in a dating dispute is the person who ultimately ends up getting arrested and going to jail with dating violence charges even though the 911 caller is really the victim but the law enforcement officers decided to believe the other person’s story.

The Investigation To Determine Who

When law enforcement officers arrive at the scene of a dating disturbance they traditionally separate the two people and get their stories.  If the stories do not match and they normally do not match then the officers look for physical evidence like injuries and damage to the surrounding area to try to determine what actually happened and if what happened was a crime and if so who committed that crime.  If someone else was present during the incident other than the two people involved then unfortunately when two stories match and there is no contrary physical evidence to that story then whoever that story says committed a crime is going to jail.  I call this sandbox rules two beats one end of story. Unfortunately, sometimes the third person present is biased toward one of the two people like a family member or friend but that usually does not seem to matter to most law enforcement officers, sandbox rules still apply apparently.  Once they determine that a crime was committed they arrest that person committed a crime.  Sometimes that means both people get arrested.

What Happens During The Booking Process In A Dating Violence Case In Orlando?

The Booking Process

Once a person is arrested for a dating violence charge in Orlando they are taken to the Orange County jail for booking.  The booking process involves getting biographical information from the arrested person and finger printing and photographing the arrested person.

Mugshot On The Internet

Unfortunately, for anyone arrested there are now many websites that will obtain the information that the person was arrested, what they were arrested for and a copy of their booking photograph more commonly referred to as a mug shot.  What can be done to minimize the availability of this information online will be discussed later.   This is usually the time when the jail will set a bond amount for the arrested person, however, when dating violence charges are involved a bond cannot be set until the arrested person appears before a judge at an initial appearance.

Contact A Lawyer Immediately

While the booking process is going on is an important time for someone to contact a lawyer on behalf of the arrested person so that the lawyer will be able to have time to meet with the arrested person and prepare for the initial appearance of the arrested person.

Why Is Someone Held On No Bond For A Dating Violence Charge In Orlando?

When someone is arrested for on a dating violence charge in Orlando they are held in jail with no bond because the law requires that anyone arrested on a domestic violence charge be held in jail until the arrested person appears before a judge at an initial appearance and dating violence case are treated the same as domestic violence cases even though they are not the same.  The initial appearance for the arrested person usually occurs within 24 hours of the arrest.  At the initial appearance the judge can set a bond amount that can be posted so the arrested person can get out of jail or the judge can leave the bond at no bond which means the arrested person cannot get out of jail.  If the judge sets a bond amount for the arrested person for the dating violence charge in Orlando that bond amount will normally have conditions attached to it.  This means that the arrested person or someone on their behalf cannot just post the set bond amount and the arrested person gets out of jail the arrested person also has to agree to the additional conditions on the bond.  In Orlando these bond conditions usually include prohibiting the arrested person from having any contact with the alleged victim and prohibiting the arrested person from returning home.  Violation of the bond conditions will normally cause the court to revoke the original bond and place you back in jail on no bond until your dating violence charge is resolved in court.  To determine what the bond amount should be if the judge decides to set a bond the judge will primarily consider the seriousness of the domestic violence charges and the information in the police report prepared by the arresting officer.  However, judges can consider additional information like the prior criminal history of the arrested person, if the arrested person has ever failed to appear for court, if the arrested person has any pending criminal charges and if the arrested person is on probation for any criminal charges.

What Happens At Initial Appearance In A Dating Violence Case In Orlando?

THIS IS A VERY IMPORTANT HEARING.

THE ARRESTED PERSON NEEDS A LAWYER REPRESENTING THEM AT THIS HEARING.

This hearing will determine if the arrested person can get out of jail and if the arrested person will be able to go home and/or have contact with the alleged victim in addition to other restrictions and these restrictions will last until the case is over which can take months.  No contact and/or no return orders in addition to other restrictions from the judge at the initial appearance, which are normal without intervention, can be modified at a later time but it normally takes at least a week and can take much longer.

Within 24 Hours

The initial appearance is usually less than 24 hours after the person was arrested.  Normally, the person is arrested around midnight and the initial appearance is at 9:00 a.m. that morning.  I know it seems rude to be contacting a criminal defense lawyer in the middle of the night but it is the nature of the job and the initial appearance is an important hearing when dating violence charges are alleged.  An experienced Orlando criminal defense lawyer who handles dating violence cases in Orlando on a regular basis like myself should be able to have an impact on if bond is set, how much the bond is and most importantly what the conditions of release are.

The Judge

At the initial appearance the judge will determine if there is probable cause for the arrest of the person, determine if a bond amount should be set and if so what amount and what conditions will be placed on that bond.   Please understand that in Orlando when you are arrested on dating violence charges you will normally be given a bond by the judge at the initial appearance but you will also normally be required not to return to your residence and not to have any contact with the alleged victim(s).

No Contact And No Return Home Until The Case Is Over

These no contact and no return restrictions will remain in place until your case is over which is normally somewhere between 60 to 90 days after the arrest in misdemeanor dating violence cases and 90 to 120 days in felony dating violence cases.  Being able to get out of jail but not being able to go home will mean not having anywhere to live for most people, at least in the short term and hotel bills can get expensive quickly.  Once the conditions of your bond are set at the initial appearance they can be modified but only upon proper motion and depending on the schedule of the judge handling the case it can take a minimum of one week to many weeks for your lawyer to get a hearing to modify your bond conditions.  It is understandable that most people would rather sleep in their car than sleep in the jail but neither option is all that desirable.

What Is The Bond For a Domestic Violence Charge In Orlando?

Bonding someone out of jail is a process that most people are unfamiliar with.  Once the judge sets a bond amount and release conditions the arrested person can either post a cash bond or use a bail bonding company.  In Orlando a cash bond is really not a cash bond because the Orange County jail will not accept cash so you have to a money order.  This is usually done at the gas station across the street from the booking and receiving facility at the Orange County jail since it is close and most people are not familiar with the area.  If you choose to use a bail bonding company they charge a fee for their services which is usually 10% of the total bond amount for each charge they bond an arrested person out on but not less than $100.00 for each charge they bond an arrested person out on. So for example if the bond is $1,500.00 then the fee is $150.00 or if the bond is $500.00 then the fee is $100.00.  However, if you have more than one charge the arrested person will have to bond out on each charge so if the bond on one charge is $2,500.00 and $150.00 on another charge then the total fee to the bail bonding company should be $250.00 plus $100.00 which equals $350.00.  Some bail bonding companies will let you pay them over the phone but they usually want you and the arrested person to come to their office to sign paperwork within a few days.  You cannot bond an arrested person out of jail until a bond amount is set so for dating violence charges that means you cannot bond an arrested person out of jail until after the initial appearance where the judge will normally set a bond amount.  Once a bond amount is set by the judge it usually takes about 3 hours for it to make it into the Orange County jail computer system and the Orange County jail will not accept a cash bond or paperwork from a bail bond company on behalf of an arrested person until the bond shows up in their computer system.  However, one of the benefits I provide my clients is to take the paperwork over to the bail bond company if they are open and meet the person who is going to be paying the bail bonding company there so the bail bonding company can get the paperwork process stated with the correct bail amount(s) so when the bail bond amounts do appear in the Orange County jail computer system the bond can be filed quickly.  People in jail normally like to get out as fast as possible.

Can Someone Return Home After A Domestic Dating Arrest In Orlando?

If an arrested person is given a bond for a dating violence charge that bond will usually also include certain conditions.  In Orlando normally two standard conditions are that the arrested person is not allowed to have contact with the alleged victim the arrested person is not allowed to return home.  If an arrested person is prohibited from contacting the alleged victim and from returning home the judge will normally allow the arrested person if they do bond out of jail to return home one time with a law enforcement officer present to collect personal belongings.  Any restrictions like no contact and or no return will remain in effect until modified or until your case is over.  In order to modify restrictions related to the bond in a case the arrested person or normally the arrested person’s attorney must file a motion to modify bond conditions with the court and set the motion for hearing.

Can The State Pick Up Dating Violence Charges In Orlando?

When someone is arrested the arresting officer will normally list the charge or charges on the police report.  However, no matter what charge or charges the arresting officer list on the police report the Office of the State Attorney is the agency that decides whether to file charges against an arrested person.  To determine if charges will be filed the State Attorney’s Office will review the paperwork submitted by the arresting officer.  According to Florida Statute 741.28 “The state attorney in each circuit shall adopt a pro-prosecution policy for acts of domestic violence”.  Dating violence cases are handled like domestic violence cases by the State Attorney’s Office.  Many people believe and are told by others that if the victim does not want to press charges that the State Attorney’s Office will not press charges.  This is not true.  I have been defending people arrested for dating violence charges in Orlando and  I have represented many people arrested in Orlando who the State Attorney’s Office filed dating violence charges against after the alleged victim indicated that they did not want to press charges.  The State Attorney’s Office will often times attempt to contact the alleged victim to discuss the alleged victim’s wishes but the State Attorney’s Office chooses to go against the wishes of the alleged victim and files charges.

Can The Alleged Victim Drop Dating Violence Charges In Orlando?

THE ALLEGED VICTIM CANNOT DROP DATING VIOLENCE CHARGES.  Only the State Attorney’s Office can file dating violence charges and only the State Attorney’s Office can choose to either not file dating violence charges or to drop dating violence charges they have already filed.  What the alleged victim wants does not control the State Attorney’s Office decision regarding the filing or dropping of dating violence charges.  The alleged victim can tell the arresting officer they do not want the person arrested, the alleged victim can refuse to make or write a statement, the alleged victim can show up to the initial appearance and tell the judge they do not want to press dating violence charges or they want to drop the dating violence charges, the alleged victim can call and/or write the State Attorney’s Office and tell them they do not want dating violence charges filed or if they are already filed that they want them dropped.  The alleged victim can even hire a lawyer to prepare a “drop charge affidavit” which is filed with the clerk of courts and provided to the State Attorney’s Office and states that the alleged victim does not want charges filed against the arrested person or if charges are already filed that the alleged victim wants the charges dropped by the State Attorney’s Office.  In cases where all or some of the above-mentioned things happen the State Attorney’s Office still files dating violence charges because THE ALLEGED VICTIM CANNOT DROP DATING VIOLENCE CHARGES.

What Happens At A Dating Violence Charge Arraignment In Orange County?

Arraignment is usually the next court date for an arrested person after the initial appearance unless a motion to modify the bond conditions, usually seeking to modify the no contact and/or no return bond conditions, has been filed and heard prior to the arraignment.  If a person is arrested for a misdemeanor dating violence charge in Orange County then normally the arraignment is set for approximately 30 days after the arrest date of the person.  If a person is arrested for a felony dating violence charge then an arraignment court date is not set until the State Attorney’s Office files charges against the arrested person.  Arraignment is the arrested person’s opportunity to answer to the charge(s).  The options are not guilty, guilty or nolo contendere(no contest).  Judges do not normally deal with bond condition modification requests like allowing the arrested person to have contact with the alleged victim and/or to return home.  Judges normally advise the arrested person to file a motion to modify bond conditions and set it for a separate hearing at a future date to discuss any bond condition modifications.

What Is Discovery In A Dating Violence Case In Orange County?

Discovery is a legal process that lawyers use to obtain the evidence against an arrested person.  When someone is arrested the arresting officer will generate a police report which will give the arresting officer’s version of what happened based on the investigation of law enforcement into the alleged incident.  Often times the arrested person will be provided a copy of this police report at the jail.  This police report.  The police report is usually not the only paperwork created as result of someone being arrest for a dating violence charge.  Other paperwork created may include items like written statements by other law enforcement officers present at the scene written statements by the alleged victim detailing the incident, written statements by witnesses and written statements by the arrested person.  Often times these written statements are just summarized by the arresting officer in the police report and the actual written statements can contain important details needed to defend the arrested person.  In dating violence cases officers often times take photographs of alleged red marks, bruising and/or injuries on alleged victims and it is important to view these photographs in order to defend the arrested person because the police report can contain descriptions of alleged red marks, bruising and/or injuries that are not visible in the photographs.  Often times a dating violence charge is the direct result of someone calling 911 and as most people know these calls are recorded.  A 911 call can provide important details about what happened during the incident.  Statements made during a recorded 911 call can be an important part of the defense of the arrested person and a copy of the recorded 911 can be obtained as part of the discovery process.

What Happens At A Pre-Trial Conference In A Dating Violence Case In Orange County?

In Orange County, usually the Pre-Trial Conference is the next court appearance after arraignment.  The Pre-Trial Conference is an opportunity for your lawyer to discuss your case with the prosecutor and the judge to determine if the case can be resolved without a trial.  Normally, the prosecutor will make a plea offer which can be accepted, rejected or countered.  Sometimes the offer from the prosecutor to resolve the case is a Pre-Trial Diversion program.  The Pre-Trial Diversion program in a dating violence case usually is a year long program that requires the payment of fees, the completion of 40 hours of community work service, the completion of a 29 week long batterer’s intervention program in addition to other terms and conditions.  Please the section titled Pre-Trial Diversion Program for more details on program specifics.  If the Pre-Trial Diversion Program is successfully completed by the arrested person the State attorney’s Office will drop the charges.  If the arrested person is not able to successfully complete the program then the case is normally set for another Pre-Trial Conference for the case to proceed.  If a plea agreement is reached then normally the case will be resolved at the Pre-Trial Conference.  If a plea agreement is not reached then the case may be continued to another Pre-Trial Conference if the case is not ready for trial or set for trial if the case is ready for trial.

Can You Get Pre-Trial Diversion For A Domestic Violence Charge In Orlando?

Yes, see above for Pre-Trial Diversion Program information.

What Is The Mandatory Minimum Sentence For A Domestic Violence Charge In Orlando?

Unlike domestic violence charges dating violence charges do not have have a mandatory minimum sentence.

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