Domestic Violence Attorney: Okaloosa County & Walton County

First things first…. we need to get your ability to have contact with other family members restored. Most of the time, after a domestic violence arrest, the Court will set a bond at the First Appearance but not allow the defendant to return home if the alleged victim resides there. This is called a NO CONTACT ORDER which cannot be changed until the Judge signs what is called a Bond Modification Order or a Pre-Trial Supervision Modification Order which would allow for contact to be restored between the parties. Once that is accomplished, we will then work to get the best possible result and avoid the severe penalties for domestic violence.

1. DO NOT enter a plea to Domestic Violence at the first arraignment court date. By entering a plea, you subject yourself to having a permanent criminal record. Some people falsely believe that if you plead no contest and receive a “withhold of adjudication” that is a good result because it is not technically a conviction.But under most normal circumstances, it is usually not a good result, because in Florida, anyone that pleads guilty or no contest to a Domestic Violence Battery charge cannot have their arrest record sealed or expunged. The only way to accomplish that is through a dismissal. If the conviction occurs, there is virtually no way to undo it and your criminal conviction as well as your mugshot will become part of the public record. And since Domestic Violence Battery is considered a “crime of violence,” you may have difficulty getting or keeping a job, or possessing firearms.
2. DO NOT make a mistake that could cause you regret for years to come by representing yourself. If you hire a specialist, you can trust that your affairs will be taken care of properly. Many people are still in shock–that they were actually arrested and charged with Domestic Violence Battery — and they now think it would be easy to get the case dismissed because it shouldn’t have happened in the first place.Then they find out that it isn’t that easy because the prosecutor can bully an unrepresented defendant. On the other hand, if you hire a criminal attorney that is capable of taking your case to trial, one that has proven they can win, then it shifts the balance of power, levels the playing field, and a good outcome is potentially obtainable.
3. DO NOT allow the Judge to sentence you based on an open plea by just saying guilty or no contest. You could be looking at jail time and/or a lengthy probationary term that would include a pricey Batterer’s Intervention Course that lasts up to 6 months with 26 sessions; dangerous “no contact” conditions that could subject you to a violation of probation arrest and held in jail with no bond–if someone makes an allegation; not to mention huge fines, court costs, and community service.
4. DO NOT assume that a drop charge request will get the charges dropped in reality. It’s true that most of the time, the alleged victim will want to have the case go away and they may request that the prosecutor dismiss the case. But the system usually does not work that way. Since the police were involved and an arrest report was made, the prosecutor will assume that they have at least probable cause to push the case forward.

It is further complicated if the alleged victim makes a statement to the police during the arrest. In addition, the State Attorney’s Office in Florida is equipped with paid “victim advocates.” And it is their job to advocate against spousal abuse and facilitate the prosecution of domestic violence crimes. So as you can see, the prosecution has more than enough resources to go forward.

That is why having a professional attorney on your side is so important for a Domestic Violence Arrest because the real pressure to the prosecution is the threat of taking the case all the way to a jury trial.

I have handled hundreds of Domestic Violence Battery Cases and I have the legal skills necessary to be successful. When you set out to hire an attorney, make sure that they are capable of being able to take your case all the way to trial. Personally, I have tried these cases before and I know what is needed to get the best possible result while working hard to avoid risk.

You have a lot to lose here and I know it. I will work diligently as your Domestic Violence Defense Attorney until your case is resolved. If you call me for a free consultation, I will be able to advise you regarding your options. Call Thomas Shawn Lupella at (850) 362-6655.

We help individuals and families in the communities of Fort Walton Beach, Destin, Sandestin, Santa Rosa Beach, Navarre, Niceville, Mary Esther, Crestview, Defuniak Springs and throughout Okaloosa County, Walton County, and Santa Rosa County.

For more information, see the Florida Penal Code for Domestic Violence Arrest Laws – 741.28 Domestic violence; definitions.

More Information About Domestic Violence Arrests

• Domestic Violence Crimes You Can Be Arrested For In Okaloosa County/Fort Walton Beach/Destin/Walton County
• Criminal Attorney For Domestic Battery By Strangulation
• Get A Domestic Violence Record Expunged or Sealed
• Best Result After A Domestic Violence Assault or Battery Arrest
• Change A No Contact Order After A Domestic Violence Battery or Assault Arrest
• In The Military & Arrested For Domestic Assault/Violence
• My Child Hit Me And Was Arrested For Domestic Battery – I Don’t Want To Pursue It – What Do I Do Now?

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