If you were recently accused of domestic battery or assault, it is normal to feel confused and deeply upset. Such accusations have serious consequences, including reputation damage and child custody limitations. By learning more about what domestic violence arrests in Boca Raton entail, you will have a better idea of what to expect and how to handle the situation with the help of one of our skilled Attorneys at Leifert & Leifert.
It is good to speak with a Lawyer even if charges have not been filed but you believe they will be soon. Doing so again provides the preparation key to navigating your case.
What Does Domestic Violence Include?
Violence in the home takes on many forms. Those accused of domestic assault require a Lawyer’s help regarding charges related to any of the following:
- Aggravated assault
- Battery & aggravated battery
- Sexual assault & battery
- False imprisonment
- Reasonable fear of assault & battery
- Any crime resulting in the injury or death of a family/household member
The 2019 Florida Statutes Title XLIII, Chapter 741, Section 741.28 details the state’s definition of domestic violence and who can be charged, including spouses and former spouses, as well as those related by blood or marriage, people who are currently living together as a family unit or have done so in the past, and individuals who are parents of a child in common regardless of their marital status. Accused individuals must live together in the same residential space or have in the past.
Domestic Assault Arrest Policies
While 21 states in the U.S. have mandatory arrest policies concerning household violence, Florida is not one of them. States with mandatory arrest policies require Police to arrest individuals if there is probable cause for domestic assault of any kind, while others use preferred arrest policies that “prefer” Police Officers take action when evidence of domestic abuse is present. States that use discretionary arrest policies, such as Florida, ask Police to arrest individuals on domestic violence probable cause charges at their discretion in light of evidence. According to Fla. Stat. ch. 741.29, once the Officer determines there is probable cause to arrest the accused person or people, the Officer may do so and charge the individual with the “appropriate crime.” The consent of said person or the presence of their Attorney is not necessary.
When a Police Officer arrests someone on probable domestic abuse grounds without a warrant in Boca Raton or another part of Florida, the accused individual gets taken to the local, city, or county jail. The arresting Officer issues a citation, as they cannot do so at the place of residence or other location where the violence occurred. Normally, especially in Boca Raton, the accused is taken to the Palm Beach County Jail and held until they are brought before the Court for a “First Appearance”. This is normally done within 24 hours or the next business day.
Consult a Legal Professional Today if You Have Been Accused of Domestic Abuse
Speak with a Lawyer who represents domestic violence arrests in Boca Raton if you were recently arrested or believe a charge will occur in the near future. Our Attorneys at Leifert & Leifert could provide tips on what you should and should not do to streamline the case as much as possible.
False accusations of any kind are always shocking and upsetting. Make the process easier on yourself by contacting our law firm today.