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The holiday season is a time when families come together. Unfortunately, it is also a time when tensions can run high, emotions can escalate, and in some cases, law enforcement may become involved. A domestic battery arrest in St. Petersburg, Clearwater, or anywhere in Pinellas County can have immediate and devastating consequences, especially this time of year. One of the most significant impacts is the very real possibility of spending the holidays apart from your loved ones.
When someone is arrested for an alleged domestic violence offense, Florida law requires that they appear before a judge at an advisory (first appearance) hearing. In many domestic battery cases, judges routinely impose a strict condition of release: “No Contact with the Victim.”
While this may sound straightforward, the order is often far more disruptive than most people realize. A No Contact order typically means:
For many of our clients, this results in the immediate inability to return home, leaving them displaced, separated from their family, and unsure of how long the situation will last.
At the Law Office of Timothy Sullivan, our top-rated Clearwater domestic violence defense team uses a bifurcated approach designed to get our clients home as quickly and safely as possible.
Our first priority is to ask the Court to modify the No Contact order so that our client may return home and resume contact with the alleged victim. We file a formal Motion to Modify Pretrial Release Conditions and request a hearing before the assigned judge.
If granted, the modification allows our client to return home, sometimes in time for the holidays.
However, the reality is that the Court controls its own calendar. It is not uncommon for hearing dates to be set several weeks out, especially during the busy holiday season. That is why simply filing the motion is not enough.
While we wait for the Court to schedule the modification hearing, our office immediately pivots to the second prong of our strategy:
We prepare persuasive correspondence to the prosecutor requesting that the case be dropped through the filing of a “No Information.”
If the State Attorney’s Office agrees to drop the charges, the No Contact order is dissolved, and our client is free to return home, without waiting for a court date. The State Attorney’s Office considers a number of factors when determining whether to dismiss a “Domestic Battery” charge. These include:
Domestic violence cases are handled differently from nearly any other type of criminal charge. Prosecutors receive specialized training, and the State often pursues charges even when the alleged victim does not wish to prosecute.
Our domestic violence defense team is uniquely equipped to navigate these challenges because:
We learned the system from the inside.
We know the tactics the State uses.
And we know how to effectively counter them.
Our experience allows us to identify weaknesses in the State’s case early, build compelling arguments for dismissal, and advocate forcefully for our clients’ rights, both in and out of court.
A domestic violence arrest does not have to define your future, and it does not have to separate you from your family longer than necessary. The sooner our team becomes involved, the sooner we can work toward:
If you or a loved one is facing a domestic battery arrest in St. Petersburg, Clearwater, or anywhere in Pinellas County, call us immediately. The consultation is free, and time is often of the essence, especially during the holiday season.
If you or a loved one has been arrested for Domestic Battery in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, our team of domestic battery defense attorneys stands ready to help. Our consultations are always free. Contact us today at 727-855-3847.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Call our office for a free consultation at 727-855-3847
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