Five Things You Should Know About a Domestic Battery Arrest in Pinellas County

An arrest for a domestic battery can be a life altering, world upending experience. In this article, the best domestic battery defense attorneys in Clearwater discuss five things you should know if you or a loved one has been arrested for a misdemeanor domestic battery in Pinellas County.

1. Under Florida law, an individual arrested for domestic battery must be held without bond until he or she sees a judge. What this means is that if someone is arrested for domestic battery, the individual will have to wait in the Pinellas County Jail until the advisory hearing. The purpose of the advisory hearing is to determine whether probable cause exists for the allegation, to set a bond, to appoint a public defender if the individual is indigent, and to set “reasonable conditions of release.”

2. It is very common that the Court will set Conditions of Release. The common conditions of release include “no contact with the victim,” no consumption of alcohol or drugs, the requirement that an individual wear an alcohol detecting monitor or GPS monitor and that the individual not possess any firearms.

3. A “No Contact” Order Means No Contact, and Violating this Order can have Significant Consequences. We are often contacted by the spouse of an individual who was arrested for domestic battery who tells us that the incident was the result of poor judgement, and that the spouse wants to be able to have contact with the person arrested. If the Court orders “No Contact,” the arrested must abide by that order until the Court permits contact. If the arrested violates a No Contact order, his or her pretrial release on the original domestic battery offense can be revoked, and he or she could face the additional criminal offense of “Violation of Pretrial Release.”

4. Our Office Can File a Motion to Modify Pretrial Release to Request Contact. It is very common that after an arrest, the parties want to resume having contact. In order to accomplish this objective the right way, our top-rated domestic violence defense lawyers can file a Motion to Modify Pretrial Release. After the Motion is filed, a hearing will be scheduled and both parties will need to be present for the Court to consider the motion. The judge will consider the history of arrests, nature of offense, extent of injuries, and any other relevant factors.

5.  Just Because an Arrest for Domestic Battery occurred, that does not mean that the individual will be prosecuted for the offense. One of the common misconceptions that people have is that the victim of domestic battery can simply “drop” the charge. That is not the case. After an arrest for domestic battery, the prosecutor will do its own independent investigation to determine what, if any charges, are appropriate. If a client gets our office involved quickly, our early intervention with the prosecutor can, in some cases, result in a dismissal of the charge.

Contact Our Office for a Free Consultation

If you or a loved one has been arrested for a domestic battery offense in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, the stakes are high. A domestic battery conviction cannot be sealed or expunged. Our goal is to secure the most favorable and expeditious resolution for your loved one’s case. Contact our office at 727-855-3847 to schedule a free consultation with our experienced domestic battery defense law firm.