| Read Time: 4 minutes | Domestic Violence

Asking how to get a domestic violence charge dropped in Florida is important if you or a family member face domestic violence charges. Once the police do arrest you, you lose control over the situation. The prosecution holds all the cards. That means you will need a strong, aggressive attorney to fight for you.

An experienced domestic violence defense lawyer can explain how to get domestic violence charges dropped and devise a defense strategy to get the job done.

At Moses & Rooth, we are former prosecutors who have handled numerous domestic violence cases on both sides of the aisle. We are ready to put our vast experience to work for you. 

How to Get Charges Dropped for Domestic Violence

How to Get a Domestic Violence Charge Dropped in Florida?

Florida law requires the police to arrest a person for domestic violence charges if the officer develops probable cause that someone committed a crime. Probable cause is a very low standard of proof.

Probable cause simply means that a reasonable person would believe the accused probably committed a crime. Probable cause is a long way away from beyond a reasonable doubt. Notwithstanding, the low standard of probable cause could land you behind bars and in court for an arraignment.

After calling 911, the alleged domestic violence victim has no say in the process. A phone call to the police reporting a domestic violence incident initiates procedures designed to ensure the alleged victim’s safety.

Therefore, the police must arrest someone if they find probable cause that a crime of domestic violence occurred. The police do not have discretion. As a result, they cannot honor the victim’s wishes even if they want to. 

The arresting officer brings you to jail, where they will book you and probably give you a bond amount. You next have to go to court for arraignment. You need to involve an experienced and aggressive domestic violence defense attorney immediately.

At Moses & Rooth, we could intervene on your behalf, work to secure your release, and represent you at your first court appearance. We will get to work as soon as you call us, and we might be able to convince a prosecutor not to charge you before your arraignment.

10/10 Andrew Moses is a professional hard working lawyer who goes above and beyond for his clients. If you’re scared about the legal system and in a bind look no further he will give you a clear view.
veronica heissner
veronica heissner
Paul Ghezzi took his time and listened to my issue AND did exactly what he said he would do. If you want someone who will listen and follow their word, then call Paul.
Jordan Cristwell
Jordan Cristwell
Absolutely tremendous staff (Tracy was Great 👍🏾). Attorney Rooth gave me a layout of the charges I was facing and he was able to successfully fight my tickets that would've jeopardized my driving record. Highly recommended. Can't thank ya enough
Emmanuel Rogers
Emmanuel Rogers
This law firm went on a 2 year roller coaster ride with me. They kept me from going to prison. They got me into rehab. I can say for certain that I am sober and intend to stay this way. Thanks to Mr. Jay Rooth , THE ORLANDO BRIDGE, My family and friends and above all myself. I can finally close this chapter in my life. Thanks again Moses and Rooth.
robert carlin
robert carlin
A wealth of legal expertise coupled with a make it happen professional attitude is exactly what you get when you hire Attorney Paul E. Ghezzi, Esq., of Moses & Rooth, to represent you. From my initial consultation Paul exuded an air of overwhelming confidence in his ability to get the Court to grant my motion for early termination of probation. Mom always said to me that God gave us all 2 ears to listen twice as much as we talk. Paul did just that, he listened intently to my intricate predicament which is a major attribute in the legal world. Having said that, when he spoke, I hung on every word and the motion was granted. Thank you Paul. Ladies and gentlemen, to regain your peace of mind in tough legal times, get yourself a magnificently savvy go-getter type of attorney.......Call Moses & Rooth and ask for Attorney Paul Ghezzi. With Paul, failure is NOT an option!
Byrd Risner
Byrd Risner
Paul Ghezzi, ESQ. represented me for a felony criminal defense case. He was able to get my 2 felonies dismissed & arrived at a plea for a misdemeanor with minimal fine and time served. He spent the time searching through my discovery and watching body cam footage to find my defense. An iron clad one at that That left the prosecution confused on why I was getting the deal of a lifetime. His knowledge on case law, his dedication of time to his clients and his empathy are unmatched. He is even trying to help me find an attorney to help me with a case I have in another state. Above & beyond is an understatement and the retainer was more than reasonable and well worth it. As somebody whose criminal history is as tall as me I have never had a lawyer fight for me, until now. If you find yourself in the position to need a power house attorney, look no further. You found him. to put this into full view for you, a case I could have done 5 years in prison for and have been sentenced to that for similar cases in the past, he was able to get me time served (for two days I spent in county awaiting bond), less than a $1,000 fine and NO PROBATION. When I have priors. I’m going to say it again, LOOK NO FURTHER.
Ashley Renee
Ashley Renee
I have hired attorneys in the past and I have to share that I’ve never had an attorney like Paul Ghezzi from Moses & Rooth, Attorneys at Law. Paul kept in contact with us through the entire process. Paul was always available for any questions we had and was always willing to go the extra mile. From my family to you Paul you are more than just attorney your now my friend. You are so much appreciated. Thank you Paul for being you! I strongly recommend this law firm if any of these attorneys give you 50% of what Paul has done for my family you will be in great shape!
Vicente Vigil
Vicente Vigil
I had an excellent experience with Moses and Rooth. From beginning to end I felt I had trusted the right firm. Jay Rooth represented me in my case and having an attorney who was pleasant, professional, and very experienced was everything. During a stressful time, I feel much of the stress was reduced due to the fact I made a good decision going with Jay. What is also important is everyone at this office is fantastic and helpful throughout the process. Many thanks !
Erin Meaney
Erin Meaney
If I could tell Mr. Jay Rooth a million times how much I thank and appreciate him I would ! After being told by three attorneys that my case was complicated and couldn’t be turned around, I almost gave up but my last attempt to fix my situation was the best decision I could have made ! Mr. Rooth worked so efficiently to help me. His knowledge, confidence, and reassurance is truly unbelievable. He updated me, communicated with me and did not miss a beat ! I will forever be grateful, I’ve been bragging on him ever since our first conversation! 10/10 HIGHLY RECOMMEND !!!!!!
Nastashia Kirkwood
Nastashia Kirkwood
Andrew is an amazing attorney. He really cares about his clients and goes above and beyond. Finding him was a blessing and my family and I will be forever be grateful to him.
Jessy C.
Jessy C.

Do Not Face Domestic Violence Charges Alone

If you are facing charges for domestic violence, you need an attorney by your side to fight for your rights. Contact Moses & Rooth today for help forming a defense against your charges.

Schedule A Free Consultation

When Can a Domestic Violence Charge Be Dropped in Florida?

The prosecution team holds all of the power in a domestic violence case. They are highly trained, skilled, and motivated lawyers for the state who immediately take the alleged victim’s side. Clearly, you will need someone on your side to fight back against the strength of the prosecution.

As former prosecutors, we understand prosecutors’ decision-making process when making charging decisions. 

Prosecutors could honor an alleged victim’s request to drop the charges. Still, they do not have to dismiss them, even if the suspected victim is uncooperative or has criminal charges pending that could prevent that person from testifying.

Trained and experienced prosecutors know how to use the laws to take your case to trial even when the alleged victim will not cooperate or cannot testify because of a fifth amendment privilege against self-incrimination.

The law grants prosecutors the power to dismiss cases even after bringing them. The court docket entry will read “nolle prosequi,” which roughly translates to no prosecution. The prosecutor always has the authority to enter a nolle prosequi in every case. 

However, they typically elect not to do this because domestic violence charges are hot-button topics for prosecutors’ offices. They often push cases to trial to protect the victim even though there is little evidence or the accused has a valid argument, like self-defense.

Judges also have the ability to dismiss a case, but only for legal reasons. Judges cannot dismiss a case over the government’s objection unless the court has a legal basis to do so. Generally, judges hear motions to dismiss during the pre-trial stages of a prosecution. 

A knowledgeable domestic violence defense lawyer from Moses & Rooth will evaluate your case and look for legal reasons to ask a judge to dismiss your charges.

What Could Happen If I Don’t Have My Domestic Violence Charges Dropped?

There is a lot on the line if police arrest you for domestic violence. Your liberty is at stake because domestic violence charges carry heavy jail sentences for a conviction. If your domestic violence charges do not get dropped, you stand to forfeit many important rights if you lose.

For example, you cannot legally possess a firearm or ammunition after a domestic violence conviction. Also, the court could order you to stay away from your children or other family members and order that you not go near your own house.

Additionally, you could face immigration proceedings even if you legally reside in the U.S. 

What Is Domestic Violence?

According to Florida statutes, domestic violence can stem from any of the following:

  • Assault, 
  • Aggravated assault, 
  • Battery, 
  • Aggravated battery, 
  • Sexual assault, 
  • Sexual battery, 
  • Stalking
  • Aggravated stalking, 
  • Kidnapping, 
  • False imprisonment, or
  • Any criminal offense resulting in the physical injury or death of one family or household member by another family or household member.

The definition of family or household member is vital to understanding a domestic violence charge. Family or household member under Florida law refers to a relationship between spouses, former spouses, and people who have children together, even if they never lived together or got married.

It also includes people related to each other by blood or marriage who lived together in the same residential unit and people who currently or previously lived together as a family in the same residential unit. 

Get Immediate Legal Help Right Away

Call Moses and Rooth Attorneys at Law at 407-377-0150 for a free consultation. We are available 24/7 to take your call. We understand both sides of the argument in domestic violence cases because we prosecuted these offenses. We use our vast experience to help protect people like you who face the potentially life-altering consequences of a domestic violence charge. 

Author Photo

Andrew Moses

Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.

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