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Victims cannot Drop Charges for Domestic Violence Cases in Florida

23 June 2017

Florida is aggressive when it comes to domestic violence cases. The State picks up the charges against you and they have a “pro-prosecution” policy for all Domestic Violence charges.  That means, they do whatever it takes to convict you.

According to the Florida Statutes Section 741.28, domestic violence is any assault, aggravated assault, battery, aggravated battery, stalking, aggravated stalking, or any criminal offense resulting in physical injury or death of a family or household member by another person who is or was residing in the same home.

Since domestic violence is charged against a spouse, ex-spouse, or other family members, the victim often changes their mind about prosecuting after things cool off. A domestic violence charge cannot just simply be dropped by a victim himself or herself. Actually, believe it or not, the State is considered the victim and everyone else is a witness to her case.

Convincing the Prosecutor to Drop a Domestic Violence Case

Know the best chance to have charges dropped by reading on.

  • Communication with the prosecutor through an attorney.

If the Victim does not wish to prosecute their loved one, they should communicate that through a lawyer. That lawyer can motion the court to modify the stay away order, so you can have contact and communicate.  Also, a lawyer can help you execute a non-prosecution affidavit.

Victims should not speak to prosecutors alone.  Prosecutors are trained interrogators and it’s their job to file and pursue charges no matter what they tell you.  

  • Hire the best attorney for a domestic violence in Florida.

Speak to a lawyer that is familiar with domestic violence charges and domestic violence court.

Chad Piotrowski is here for you. He is a former domestic violence prosecutor and he was a supervisor in the Domestic Violence Unit.  Contact us at (305) 204-5000 today to start your confidential consultation with the best attorney for a domestic violence case in Florida.

Chad Piotrowski - post author

Chad Piotrowski is a criminal defense attorney in Miami, Florida. He is a former Miami-Dade Prosecutor and has practiced criminal law, exclusively, for more than 10 years.

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