Legal Question in Family Law in Florida

Charges of Domestic Violence
My husband and I got into an argument-by defending himself from me, he put his hand around my throat, as I was putting my hands on his throat. He called the Police-they arrested him-took pictures of my neck-not of his. How do I stop this from going to court and having all the charges dropped. We were both at fault, except the Lady Officer did not see it that way. She of course took the female side. I have already told the Victims Advocat that I would not testify against my husband. I also wrote a letter to the judge asking for the ''no contact paper'' to be lifted. What else can I or we do to have this put away like a bad nightmare? I have an appointment with his Public Defender tomorrow, what can I say or do to have this awful experience put to rest? Please reply A.S.A.P. We are going to start counciling with our Preacher, being that we have only been married alittle over 2 months. Can you please give advice? Please?

Asked on 10/20/08, 11:24 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

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Re: Charges of Domestic Violence

Well, you could start by dropping the stupid story about how he was "defending" himself by choking you. If he were defending himself, he would have been trying to pull your arms off his throat, not trying to murder you by choking you to death.

Next, you could ask the public defender to explain to you how to ask the prosecution to drop the charges. You'll probably have to fill out some kind of form waiving your desire to prosecute. The prosecutor will then decide whether the charges should continue.

The counseling is the best thing you can do, and you've taken the right step for that. It sounds like you both need a 26-week anger management course, and hopefully the preacher is trained to help you with that. If not, you should find someone who is, or take one of the state-recommended courses. The public defender can tell you where to sign up, if need be.

Answered on 10/20/08, 11:51 pm

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