Client was engaged in an argument with her husband while on the phone with her sister who resides out of state. Her sister heard an object thrown up against the wall prior to the call being disconnected. At that point, out of concern, the sister proceeded to call law enforcement. When the police arrived at the residence, it was determined that our client had thrown a clothes hanger at her husband. Our client was then arrested and charged with domestic violence and a no-contact order was set in place.
In Florida, Domestic Violence is defined as the unlawful touching of an individual that is classified as a family member. The state prosecutes this crime very harshly, with penalties and consequences that can last a lifetime.
Those that are classified as a family member include a spouse, an ex-spouse, people related to each other by blood or marriage, those who live together as a family, those who have lived together as a family before, and people that have a child in common together.
If one is charged with domestic violence, they will be charged with a first-degree misdemeanor. This means that they will face up to one year in jail, 12 months probation, and a fine of $1,000.
The offender will also be required to attend a Batterer’s Intervention Program (BIP) that is a 26- to 29-week course.
Motion to Lift a No-Contact Order
When a no-contact order is issued, that means that no contact will be allowed between the defendant and the victim. Even if the two parties decide against the no-contact order, before they can have contact with each other, they will first need to have the order lifted. Such a motion states the following facts:
- The parties wish to resume contact;
- The alleged victim is not scared of the defendant;
- The alleged victim does not fear or anticipate any future violence;
- The alleged victim seeks to lift the order freely and voluntarily;
- What type of contact the defendant and the alleged victim wish to have (i.e. Unrestricted contact, limited contact, no violent contact, no unconsented contact, contact for purposes of child visitation, telephone contact, third party contact, etc.).
Musca Law Firm
If you have been charged with domestic violence, it is in your best interest to retain legal representation as soon as possible. We at Musca Law Firm are willing to help in these situations, and have a long track record of obtaining positive outcomes for our clients. We offer a free initial case consultation with new clients so that we can hear your side of the story. Our team of skilled attorneys will put together a strong and strategic defense for your case, based upon the specific circumstances that you find yourself in. We will fight and negotiate with the prosecution in order to proactively protect your rights. Please call us today 24/7 at (888) 484-5057 to schedule an appointment with one of our experienced criminal defense attorneys.
RESULT: Although the husband lacked the desire to prosecute, the State decided to prosecute regardless. We prepared a Motion to Lift the No Contact Order. We advised the State of our intent, with the inclusion of contesting the charge against our client. After diligent negotiation, the State announced that it would no longer pursue the charges, and dropped the case!