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 for a free case evaluation. We are ready and willing to do everything possible to help mitigate your legal issues.
