Domestic violence charges are becoming more common today. They are often a result of an argument that became heated and emotional on the part of both parties. Sometimes these arguments can result in physical violence, but that is not always the case. Even when a disagreement did not become physical, a person may still find themselves facing domestic violence charges. If you have been accused of domestic violence, below are three important facts to know about these charges.
Probable Cause is Fairly Easy to Meet in Domestic Violence Cases
Police must always have probable cause before they place you under arrest. This means they must have reason to believe that you committed a crime. Police need probable cause before arresting you for domestic violence, too, but the standard is usually easier to meet in these cases.
Police officers do not have to actually see domestic violence occur to make an arrest. A statement from an alleged victim is enough for the probable cause standard to be met. Even a call from a neighbor saying they are concerned after hearing yelling and screaming may give police enough probable cause.
Police Can Arrest You Without the Alleged Victim’s Consent
It is a common misconception that police can only arrest you if the victim wants to press charges. This is likely due to the many television shows and movies that show victims deciding not to press charges and the perpetrator walking free. This is not how the law works in Florida, though. Law enforcement and the State determine which charges to lay and pursue. If they decide to arrest someone for domestic violence, they can prosecute them even if the victim does not consent or does not want to participate.
The prosecution also does not necessarily need the alleged victim to recount the events in court. They will rely on other evidence, such as 911 calls, statements the alleged victim made at the scene, and police reports while prosecuting the defendant.
There are Defenses Available
Even though probable cause is fairly easy to meet in domestic violence cases, and the police do not need the victim’s consent, it is important to not give up hope if you are charged. There are defenses available and depending on the facts of your case, they may include:
- There was an argument but no domestic violence occurred
- There was a physical fight but it was mutual
- Stand your ground defense
- Self-defense
- Calling the credibility of the alleged victim and witnesses into question
An Orlando criminal defense lawyer will also refute the arguments and evidence of the prosecution when building a strong defense.
Call Our Domestic Violence Lawyer in Orlando Today
Regardless of the situation you are in, our Orlando domestic violence lawyer at O’Mara Law Group can help. You have rights and we will ensure they are upheld while tirelessly defending against your charges. Call us now at 407-634-6604 or contact us online to schedule a consultation and to learn more.
