Domestic Violence Against Someone I’m Not Married to?

Many people are under the misconception that the only way to be charged with domestic violence is if you’re actually married to the person. That’s not true. Florida Statute 741.28 details that one can present the charge for domestic violence if he or she is a “family or household member.” Individuals who fall into this category include:

  • Spouses (married or unmarried)
  • Former spouses
  • Individuals related by blood or marriage
  • Individuals with a child together regardless if they’re not living together, were never married, or are divorced
  • Persons residing together as a family or had previously done so

This means that being married is not a requirement to being charged with domestic violence. Getting into an altercation with your mother whom you share a residence with qualifies as domestic violence as does fighting with your child’s mother or father.

What are the Chances of Having a Domestic Violence Case Dropped?

Many things go into whether a prosecutor decides to proceed with a case. Usually in a domestic violence case, in order for the state to be able to proceed with a trial and actually prove the allegations against you, they have to have a cooperative victim.

The caveat is that the only witness in the case is often the alleged victim. Something happens at home and the police get called. The officers weren’t present and don’t know what happened before they arrived. Chances are there was probably nobody else at home either. With that said, the two individuals involved are the only ones who can provide an account of what transpired

If the prosecutor does not have a victim who’s willing to testify, or he or she is now recanting his or her story, it’ll be tough for the prosecutor to approve the charge. We can never guarantee whether a case will get dropped or not, but domestic violence cases often rely solely on the cooperation of the alleged victim.

Trustworthy Domestic Violence Defense Attorneys in Orlando

Being arrested on charges of domestic violence is no minor occurrence. Depending on the alleged victim’s testimony, accusations, and ability to prove his or her assertions, you may be facing serious criminal charges. The Orlando domestic violence lawyers at The Umansky Law Firm can pursue all avenues of having charges lessened or dropped altogether if possible. Contact us today at 407-228-3838 for a free case evaluation. We are ready and willing to do everything possible to help mitigate your legal issues.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

More Cases

Recent Personal
Injury Settlements

$125,000

Scooter Accident

$275,000

Car Accident

$100,000

Car Accident

$300,000

Government Liability Case

$100,000

Back Injury

More Settlements