In the State of Florida, a call to police regarding a domestic violence incident will almost always result in an arrest.
Florida is what's known as a "No Drop" state, meaning that regardless of the wishes of the alleged victim, police and prosecutors will make every effort to arrest and file charges in any domestic violence case.
So if an argument breaks out and things become heated, maybe even physical - it is logical that somebody in the relationship may reach out and call 911.
Does the alleged victim call 911 with the intent to have their partner arrested and thrown in jail?
No. Usually 911 is called so that police can come and deescalate the situation. Maybe advise all parties to calm down, or maybe encourage one of them to leave the home for the night to allow things to cool off.
Truth is, that does not happen. If police are called out for a domestic violence call, somebody will likely go to jail. If there is any indication that ANY level of physical force (even just a touching) or ANY threats of harm were made, somebody is getting arrested.
If the alleged victim has a scratch or redness on their skin or any indication that they were touched, struck, or otherwise battered against their will, somebody is going to jail.
Look. Domestic violence is a problem and nobody should feel unsafe in their own home.
But after the anger and emotions wear off, the reality sets in: your loved one got arrested and went to jail and I don't want to see them prosecuted.
This is a common issue. In fact, it is the most common scenario in a domestic violence case.
So what can be done?
A good criminal defense attorney should be retained immediately to represent the arrested person. Domestic violence charges in Florida require the accused to stay overnight in jail so that they can see the first appearance judge. This is because the first appearance judge needs to determine whether a stay away order (also called a no-contact order) must be issued.
After the first appearance, an arraignment will occur in the coming weeks in the event charges are filed. If you, the alleged victim, do not wish to participate in the prosecution of your loved one, there may be ways to convey that sentiment to the prosecutor so that formal charges will not be filed.
As well, it may be possible to modify stay away orders so that contact and cohabitation with your loved one is once again possible.
Domestic violence is a serious issue. If you are a victim and you are unsafe in your home, you need to do what is necessary to protect yourself.
If you do not wish to see your partner prosecuted and are not in fear, it may also be possible to have the matter resolved without imposition of serious consequences.
If you or a loved one are involved in a domestic violence case in Miami-Dade County or Broward County, contact me to discuss your options.