I was charged with domestic battery in Jensen Beach Florida, my first time in trouble ever.

QUESTION:

my mom died Oct 7th 2012, my boyfriend said i abandoned my stuff and he was going to throw it out. I flew down here from NY to get my things. He would not give me one of my Moms towels and other things, he pushed me and i lost my temper and started to throw things at him out side the house., he call 911 and he had scratches so I was arrested. I have an 80 yr old Dad at home and Cancer doctors I need to see in Dec. and Jan. I have moved to port st lucie and have no contact with this person, although he has kept my tv and my internet service which is in my name.

Additional information

he has threatened me and my family on numerous occassion. I need to be able to go back and forth to NY for my doctors and I also have a phyciatrist I see at least once a month and has all the information about this relationship for the last 3 yrs….he has been arrested in NY for domestic violence on me twice. I dont want to cause any more problems for me. I never want to see or speak to him ever again, in this lifetime or even the next. I need help and dont want to lose my ss disability income. I can not work, I have had several surgeries and cant work. I hope you can somehow help me.

ANSWER: By Joe Gufford
 It is absolutely imperative that you retain the services of a qualified criminal defense lawyer as soon as possible. We will need to subpoena the records from the previous actions in NY so they can be presented to the Court. Certified copies of the orders are essential so that we can chip away at your boyfriend’s credibility. Here are some important things to remember about Domestic Violence charges.
Consulting a lawyer is important so that you are made fully aware of your rights, as well as your obligations, under Florida state criminal laws. Violating the terms of a restraining order, intentionally or unintentionally, will just add complications to your domestic violence case. Inexperience or a lack of knowledge are not valid defenses in Florida. Having an attorney advise you on the specifics of your restraining order is invaluable. It is also important to remember that many domestic violence charges arise from ongoing divorce/custody issues. The skilled attorneys at Gufford & Brandt have experience handling cases where criminal and family law issues overlap.
The consequences for a domestic battery, aggravated domestic assault, or child abduction conviction are severe. Aside from having rights as a parent limited or terminated, you may face large fines and prison time. A conviction also strengthens the possibility that a restraining order or injunction will be permanently imposed upon you.A plea to a charge of domestic battery or a violation of a domestic violence injunction can never be expunged or sealed. This type of conviction will remain on your record forever and be visible to potential employers, landlords, or any other person seeking your background information.

There are defenses available. In our experience, we have seen situations where police officers are called as leverage during an intense argument. The caller may have had no actual intention of filing charges against their spouse. Regardless of whether or not the alleged victim wishes to pursue legal action, charges may still be filed; once charges have been filed, it is no longer at the discretion of the accuser to drop charges. An empty threat during a fight between a husband and wife can quickly develop into false charges of verbal or physical spousal abuse. In such cases, an experienced domestic violence attorney at our firm can begin the negotiation and litigation process with prosecutors to seek the dropping or reduction of charges.

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