Legal Question in Criminal Law in Florida

domestic violence and family law

i was recently charged with misdemenor and a felony assault and battery i bonded out and was rearrested for violation of release and injunction and charged with three aditional fellonies. my spouse wishes to drop charges on the second arrest and additional charges. i have no priors and we share a child, dcf has gotten involved. can my spouse drop charges and can i recieve a nonadjudication on the first fellony, and can dcf take our child if my spouse allows me to return to our home if i have enrolled in domestic violence classes?


Asked on 10/29/06, 9:37 am

2 Answers from Attorneys
Thomas Rosenblum Rosenblum Law Offices

Re: domestic violence and family law

Hello: Without having all of the facts of your case or the names of the new charges, I can only give a general overview. If you wife is the only witness, the State will have a problem if she is a reluctant/hostile witness. If you have no priors and the instant crimes are not that bad, the case may be dropped to a misdemeanor case (which these usually are unless someone was really hurt or there was a weapon)

You definitely should have an attorney, either a public defender or hire a private one. If we can be of any assistance, let me know. Good luck. Tom Rosenblum

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Answered on 10/30/06, 12:38 pm
Valerie Masters Valerie Masters, P.A.

Re: domestic violence and family law

I handle situations llike this all the time. It is very common. I cannot tell you withput talking to you what you can expect in terms of outcome. I can tell you if your wife does not want to prosecute, the state will have a hard time proving the case. If there is an injunction you cannot go the house, even if she allows it. Please call me if I can help

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Answered on 10/29/06, 2:27 pm


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