Legal Question in Consumer Law in Florida

Re: domestic battery

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Each county has a separate Office of the State Attorney and each has its own policies. In Broward County, a complainant is required to attend a course which advises them of their rights and cautions them asking being victims of domestic violence. Only after the class is completed, the victim is "allowed" to file an Affidavit of non prosecution.

Despite the execution of the Affidavit, the State Attorneys in the domestic violence unit will generally NOT dismiss the charges until the date the case is normally scheduled to go to trial which can be as late as 6 months later. Frankly, they seem to be hopeful that the Defendant will violate the stay away order that is usually in place and they can then prosecute against him/her anyway. They State has also been known to prosecute a case even after a victim has signed the Affidavit if they have other witnesses including the police who can prove their case.

These cases are treated very seriously in some jurisdictions and should not be taken lightly. I strongly advise you to retain an attorney to represent you in this matter to avoid serious problems.

Scott R. Jay, Esq.