Jacksonville Criminal Attorney Blog

In Florida, if there is a domestic violence related death, there is a system in place to examine what went wrong. It is called the "Domestic Violence Fatality Review Team" and cities such as Jacksonville are charged with putting them together. The team reviews fatal and near-fatal acts of domestic battery. The team examines what led up to the incident, community resources that were available but not used, domestic battery laws, etc. Their purpose is to examine what the government could do in the future to prevent this from happening again.

There are many people who can make up this team. They can be representatives from the:

Duval County state attorney's office
Jacksonville Sheriff's Office
medical examiner's office
Domestic Battery Centers
Department of Children and Families
Hubbard House
Clerk of Court

An ex-assistant state attorney was arrested for domestic battery in Florida. William Price was a prosecutor for 2 years and is now a criminal defense attorney in Panama City. Police responded to a dispute and claim to have found the alleged victim cut and bleeding. Police report that Price allegedly called the alleged victim after the incident and harassed her. The domestic battery charge carries up to 1 year in jail and is a first degree misdemeanor.

It is very easy to get arrested for domestic battery in Jacksonville. If JSO responds to a domestic dispute, someone is going to jail. It usually is the man who gets arrested of if it is a man and a woman who are involved in the fight. Police will look for any physical marks on the alleged victim's body. They will also look for an "independent" witness to the touching.

In order to prove a domestic battery, the prosecutor must prove that you intentionally touched someone against their will or intentionally harmed someone.

According to Hubbard House and the Jacksonville Sheriff's Office, the number of domestic battery charges in Jacksonville has gone up in the past 2 years. During the last six months of this year, Hubbard House has seen over a 30% increase in calls.

Domestic battery case sometimes end in murder. In Jacksonville:

8 murders have been the result of domestic violence this year

11 domestic violence homicides were reported in both 2008 and 2007.

A school principal was arrested for domestic battery in Nassau County. James Rodeffer is a principal at Yulee Middle School. The criminal charges have now been dropped in Nassau County.

Rodeffer's wife told police that he grabbed her arm and slapped her face. After investigating the allegations further, the prosecutor in the case decided to drop the charge.

Many people don't know how easy it is to be arrested for domestic battery. All you have to do is touch someone you live with against their will. If you are facing domestic battery charges, you are also facing up to a year in jail and probation. If you enter a plea to domestic battery, you may be prevented from buying a gun or entering certain secure work areas. In almost every domestic battery probation in Jacksonville, you will also have to attend the Batterers Intervention Program, which is an intensive 26 week class. Make sure to have a Jacksonville Domestic Battery Attorney review your case before you enter a plea.

A Louisiana police lieutenant who was arrested in Florida on Domestic Battery charges now has an injunction entered against him according to WHAS11.com. We first wrote about officer Jerald Fifer's arrest in a previous blog.

In Louisiana, an injunction is called a protective order. It tells the officer he cannot have any contact with his wife and several of her family members for a period of time. Both his wife and the family members feel they are in danger. If Fifer violates the protective order, he can be arrested for violation of a protective order (called violation of injunction in Jacksonville) and go back to jail.

The officer remains on the force and is on paid administrative leave.

If you have been arrested for violating an injunction in Jacksonville, contact our Jacksonville Injunction Attorneys at (904) 634-0900.

Under Florida law, you commit a battery if you

- intentionally touch someone against their will OR

- intentionally harm someone.

It is labeled "domestic" if the two people are living together as if a family or have a child in common. Both simple battery and domestic battery in Florida are punishable for up to one year in jail.

If the battery is labeled "domestic", there are certain additional punishments for someone convicted of the charge. You will have to complete the Batterers Intervention Program, which is a 26 week class about violence, you will pay an increased fine, and may have to spend some time in jail.

Florida has now passed the Barwick-Ruschak Act, which makes it easier for a victim of dating violence to get the protections afforded to a domestic battery victim. These victims are given the opportunity to go to a domestic violence shelter and ask a Florida judge for an injunction or restraining order.

If you have been arrested for domestic battery in Jacksonville, call our Jacksonville Domestic Battery Lawyers at (904) 634-0900.

When you are convicted of Domestic Battery in Jacksonville, you will be sentenced to attend Salvation Army's Batterers Intervention Program. (also referred to as BIP) This is a 26 week course. You must pay for and complete an Assessment. You then must then pay for and attend an Orientation. After these are completed, you have to attend and pay for weekly sessions and complete homework assignments. You can be thrown out of the program at any time at the discretion of the facilitator.

This program is designed for men who are arrested for Domestic Battery and is focused toward accountability, but how effective has it been in stopping domestic violence in Jacksonville?

The Salvation Army has the contract in Jacksonville to conduct the program and 100% of its attendance is referred from the criminal justice system. (men arrested for Domestic Battery) With all the money invested in this program in Jacksonville and the significant criminal consequences if these men are kicked out of the program, there are many questions that should be answered by Salvation Army:

How many men successfully complete BIP compared to the total amount assigned to the program?

How many men are kicked out of the program yearly?

How many men are kicked out of the program for not being able to pay the costs?

How many men are arrested for Domestic Battery after completing the program?

Are men evaluated to see if they can read the homework they are given before they are thrown out of the program?

How many times do the men attend a class, but do not get credit for it?

If you have any questions about Domestic Battery or Domestic Battery probation, please call our experienced Jacksonville criminal defense attorneys at (904) 634-0900.

Domestic Battery is one of the easiest crimes to get arrested for in Jacksonville. The police are called out to a "dispute" and when they arrive, they talk to the parties involved and any witnesses to the "battery". More times than not, the police arrest the person who did NOT call the police. Even if there is no injury on anyone involved, someone is going to jail.

In order to be considered a domestic battery in Florida, there are certain requirements that must be met.

1. The alleged victim has to be a family or household member. That includes spouses, current or former, people related by blood or marriage, people who have resided with you presently or in the past, or someone who has a child with you.

2. For it to qualify as a battery, you have to intentionally touch someone against their will or intentionally hurt someone.

If you are convicted of Domestic Battery, there are certain minimum penalties in the State of Florida.

1. You will be placed on 12 months probation to complete "special" conditions.

2. You will have to complete a batterers' intervention program as a condition of your probation. This is a 26 week class that you have to attend weekly. It is expensive and many
people find it difficult to complete because if you do not tell the administrator everything they want to hear, they can throw you out at their discretion.

2. There is a $592.00 mandatory fine and if it is not paid in a timely manner, your probation can be violated and you could be re-arrested.

3. The Duval County judge in your case may also restrict your contact with the alleged victim.

If you have any questions about your Jacksonville Domestic Battery charge, call our experienced Jacksonville Criminal Defense Attorneys at (904) 634-0900.