Any time the police are called to the scene of a domestic dispute or argument, someone is going to jail. Even if the argument was verbal only. Even if no one got hurt. The police treat domestic calls like robots with one command and one command only: Arrest someone.
Fortunately, all the police can do is arrest you. They can’t convict you. It will be the State Attorney who brings your case to trial for prosecution.
That’s where we come in.
Okaloosa County Domestic Violence Attorney
If you have been charged with Domestic Violence in Fort Walton Beach, Destin, Niceville, or anywhere in Okaloosa County, you have come to the right place. If you want to have contact restored with your loved one, you have come to the right place. If you are in the military and need this to be dismissed, you have definitely come to the right place.
For over 12 years, Flaherty Defense Firm has been getting results for clients in Domestic Violence cases. We proudly defend locals, out of town visitors, and our military clients.
Information on Emerald Coast Family Abuse Cases
- Domestic Violence Defined
- Domestic Violence Charges in Fort Walton Beach and Destin
- What if the victim didn’t want to press charges?
- Will you contact the victim?
- How can the no contact order be lifted?
- Why do I need a lawyer?
- What should I do now?
According to Fla. Stat. 741.28, domestic violence includes the commission of an offense by one household or family member against another, which results in physical injury or death.
A household or family member is any spouse, blood relative, relative by marriage, or resident of the home. If two individuals have a child together, the incident will be considered domestic violence even if the two people were never married or never resided together.
Here are a few of the more common Domestic Violence charges that we defend on a regular basis:
Domestic Battery: According to Fla. Stat. § 784.03, an individual is guilty of domestic battery if he or she intentionally makes physical contact with a family member or household member against their will. This is a first degree misdemeanor punishable by up to 1 year in prison.
Domestic Battery by Strangulation: This is a felony offense that requires the state to prove that the defendant restricted the air flow or blood circulation of the victim.
Aggravated Battery on a Pregnant Woman: This is a felony offense punishable by up to 15 years in prison. This charge requires the state to prove that the defendant knew or should have known that the victim was pregnant.
If you haven’t heard it already, you will hear that once the State “picks up” the charge, it doesn’t matter what the alleged victim wants.
Well guess what, that isn’t true. You see, the State needs a witness who is willing to come to court and testify. Without that, in most cases, they have no case so the charge gets dismissed or at the very least, can get dismissed after completion of Pretrial Diversion.
Yes, we will. In every case. We need to know whether the alleged victim is someone who wants to cooperate with us, or is someone who wants to convict you. Either way, the earlier we know, the better.
If the alleged victim wants to cooperate, we will help them write a statement and make sure it gets to the right person at the prosecutor’s office.
If the alleged victim does not want to cooperate, that’s fine. We still need to know what they plan on alleging, and how credible they will be as a witness. It is also important for us to let them know that they are in for a fight. That we won’t be bullied or pushed around.
In most domestic violence cases between two people who love other, we are able to help facilitate a dismissal of all charges. And that’s what our goal will be with your case: A full dismissal of all charges.
This is the first thing we will work on when we are hired for your case. We need to talk to the alleged victim and get some information from them. We also need their cooperation at this stage. If they cooperate, we are almost always successful in getting the no contact order lifted very quickly.
Keep in mind that even if the no contact order is lifted, you will still be under a strict no violence contact order from the Court.
Prosecutors don’t like to dismiss these cases. Not one bit. And if you don’t have an attorney with a reputation for fighting them, they will throw all kinds of different plea offers at you. They will tell you to just take the plea, agree to some counseling, and it won’t go on your record.
They are lying to you.
Any plea bargain results in this charge going on your record. The other thing they won’t tell you is that if you plea out to this charge, it can never be expunged, even if you have never gotten in trouble before.
You need a lawyer because you only get one chance to get it right. You need a lawyer because the State isn’t going to do the right thing out of the goodness of their hearts.
Your rights and your freedom must be fought for and taken.
How do we do this? Simple. We set the case for trial and call their bluff. The State knows WE aren’t bluffing, but we know they are. Because without a willing “victim” their case falls apart and they know it.
If you have been arrested for Domestic Violence in Fort Walton Beach, Niceville, Destin, or anywhere in Okaloosa County, call my office at Flaherty Defense Firm and talk to either Brandy or Brittni. They will be glad to answer some of your questions and then they will put you in touch directly with me.
We can meet in person or we can talk on the phone. Either way, we are ready to get to work on getting these charges against you dropped so you can get on with your life.