At The Forbess Law Firm, we are Jacksonville Criminal Attorneys who handle criminal cases exclusively. There is one crime in particular that is very easy to be arrested for. That crime is Domestic Battery. Domestic Violence is a first degree misdemeanor punishable for up to one year in jail. There are two elements the prosecutor has to prove with domestic battery in Florida. There has to be a domestic relationship between the parties, such as having a child in common or having ever lived together. There also has to be an intentional touching against the other party’s will or intentional harm inflicted on them.
Many of our Jacksonville domestic battery clients tell us that the police inform them, when they are dispatched to a battery, they have to take someone to jail. This is incorrect. A police officer should only arrest someone if there is probable cause to believe that person committed a crime. A phone call from a neighbor, for example, who did not see any touching is not probable cause to arrest someone for domestic battery.
According to the Florida Times Union, Duval County will now have a special court that handles domestic battery cases only. The court will allow representatives from victim agencies, such as Hubbard House in Duval County, Quigley House in Clay County, or Micah’s Place in Nassau County to be present during the process.