Injunction against dating violence

18-Nov-2019 22:29 by 3 Comments

Injunction against dating violence

Most of the time, a domestic violence case is for a misdemeanor offense such as assault or battery.Misdemeanor charges for “BATTERY (DOMESTIC VIOLENCE) (BATT1103)” often involve an offense touching such as a slap, grab, push, or shove, even when no injury occurs.

Domestic violence cases often involve “he said, she said” accusations that are not enough for the “beyond a reasonable doubt” standard.If a defendant is on probation in a division other than Division “F” or East County Criminal Divisions “P” or “X” and is subsequently charged with a domestic violence case, the clerk will file the domestic violence case in Division “F” or east County Criminal Divisions “P” or “X” and the probation case will remain in the division in which it is pending.The courts in Hillsborough County (and many of the surrounding counties in the Tampa Bay area) funnel misdemeanor domestic violence cases into a special domestic violence division where prosecutors with the State Attorney’s Office concentrate on nothing but the prosecution of these unique types of cases.Under section 741.30(1)(a), Florida Statutes, an injunction for protection against domestic violence may be available to someone “who is either the victim of domestic violence …or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.” Domestic violence is defined as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” § 741.28(2).National Center for Victims of Crime – Dating Violence – Web page published by the NCVC describing what dating violence is and what to do if you or someone you know is a victim.

American Bar Association – Commission on Domestic Violence – Visit the website for the ABA’s Commission on Domestic Violence for on how to protect yourself and your children in an emergency situation involving domestic violence or abuse.

Most of our clients were arrested for a first-time offense of domestic violence battery.

The accusations are even more serious if you have a prior criminal record for any violent crime. Contact an experienced criminal defense attorney at Sammis Law Firm. All domestic violence cases which involve defendants domiciled outside of the East Division boundaries will be assigned to Division “F” at the courthouse in Tampa, FL.

In the Tampa courthouse, the clerk’s office funnels domestic violence cases into Division “F” with Judge Margaret R. Florida Statute 741.2901 The standard operating procedures for the Tampa Police Department, SOP 314.1, provide that all domestic violence cases not involving an arrest will be referred to the Criminal Investigations Division and investigated per policy.

In domestic violence cases, officers with the Tampa Police Department will not issue any of the following: Instead, the police are required to make a formal arrest if probable cause exists to believe the crime was committed.

The criminal justice system can be manipulated by someone motivated to make a false allegation.

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