When the court in Seminole County, Florida sets the conditions of release at the initial appearance hearing these conditions of release will exist until the case is over not just until the next court date.  Many people arrested for a domestic violence charge or charges in Seminole County believe that they can get the no contact with the victim, no return to the residence of the victim and electronic monitor conditions of release modified at the next court date after the initial appearance hearing which is normally the arraignment hearing.

The judge for the arraignment hearing in Seminole County is not going to stop in the middle of the arraignments and discuss with the arrested person why the conditions of release in the case should be modified.  That case is not the only case set for an arraignment hearing on that date so the judge normally has many cases to do arraignments for and does have time to stop and deal with release condition modifications.  Also, the victim is normally not present at the arraignment haring for the judge to take testimony to determine what conditions of release the victim feels are necessary for their protection from the arrested person.

Seminole County judges do not discuss release conditions at arraignment hearings and if you try to do that the judge will instruct you that your arraignment hearing is not the correct hearing to discuss modification of your release conditions.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].

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Seminole County Domestic Violence Defense Lawyer

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The initial appearance hearing is the first court hearing after a person is arrested for domestic violence charges in Seminole County, Florida.  The purpose of the initial appearance hearing is for the court to determine if probable cause existed to justify an arrest for domestic violence charges, if the arrested person should be given a bond and if so what the bond amount will be and what the conditions of release will be.

To make these determinations the judge normally wants information from the victim on what the conditions of release should be to protect the victim from the arrested person.  A Seminole County judge normally either gets this information from the prosecutor at the initial appearance hearing who called the victim before the initial appearance hearing and discussed with the victim the conditions of release needed to protect the victim from the arrested person.

Even if the victim is present at the initial appearance hearing Seminole County judges do not normally take in person testimony from the victim, therefore, if the prosecutor or the lawyer for the arrested person has not been able to speak to the victim by phone or in person prior to the initial appearance hearing then the judge will normally order the conditions of release to be no contact with the victim and no return to the residence of the victim and potentially the EMPACT monitor which is an electronic monitor you wear on your leg.  If you would like to discuss how I can help, the consultation is free. Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].

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Seminole County Domestic Violence Defense Lawyer

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Seminole County Criminal Defense Lawyer

If a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence in Seminole County, Florida that person in addition to being ordered by the court to a minimum term of 1 year of probation it shall be ordered by the court that the defendant attend and complete a batterers intervention program as a condition of probation.

A batterers intervention program must meet the following requirements:

(1)The primary purpose of the program shall be victim safety and safety of children, if present.

(2)The batterer shall be held accountable for acts of domestic violence.

(3)The program shall be at least 29 weeks in length and include 24 weekly sessions, plus appropriate intake, assessment, and orientation.

(4)The program content shall be based on a cognitive behavioral therapy model or psychoeducational model that addresses tactics of power and control by one person over another.

(5)The program shall be funded by user fees paid by the batterers who attend the program, which allows them to take full responsibility for their acts of violence.  An exception shall be made for local, state, or federal programs that fund batterers intervention programs in whole or in part.

If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].

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Seminole County Domestic Violence Defense Lawyer

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Seminole County Criminal Defense Lawyer

If a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence in Seminole County, Florida that person shall be ordered by the court to a minimum term of 1 year of probation.  The imposition of probation by the court does not preclude the court from imposing any sentence of imprisonment allowed.  So as an example for a first degree misdemeanor sentence, which is punishable by a maximum of 1 year in jail, 1 year on probation and a $1,000.00 fine the judge could sentence you to 30 days in jail, 1 year of probation, $500.00 fine, Batterer’s Intervention Program(which shall be at least 29 weeks in length and include 24 weekly sessions, plus appropriate intake, assessment and orientation programming), community service, cost of investigation, cost of prosecution and court costs.  The judge can also impose other special conditions of your probation like no contact with the victim, no return to the residence of the victim and require you to wear an electronic monitor during the required 1 year of probation.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].

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Seminole County Domestic Violence Defense Lawyer

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Seminole County Criminal Defense Lawyer

In Seminole County, Florida the law requires that if a person is adjudicated guilty of a crime of domestic violence and the person has intentionally caused bodily harm to another person, the court shall order that person to serve a minimum of 10 days in jail in the county jail or state prison for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense as part of the sentence imposed.  These jail or prison sentences are mandatory minimums so that means the Seminole County judge can not sentence you to less but can sentence you to more up to the maximum jail of prison sentence for the domestic violence charge or charges.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].

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Seminole County Domestic Violence Defense Lawyer

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Seminole County Criminal Defense Lawyer

The “independent witness” in a domestic violence case in Seminole County, Florida is usually not independent.  To be considered an independent witness the person should not know any of the parties involved in the domestic violence incident and not have any reason to favor one person involved in the incident over another.  The independent witness in a domestic violence incident is usually a third party who is a friend or family member of one of the people involved in the incident.  If you think about it this makes perfect sense because most domestic violence incidents occur inside a home.  Why would a stranger who does not know either person involved the domestic violence incident be inside their home at the time of the incident?  An actual independent witness to a domestic violence incident is rare.  Unfortunately, Seminole County law enforcement officers talk to these not independent witnesses that officers call independent witnesses all the time and often times rely heavily on them to determine which party to believe about what happened in the domestic violence incident and, consequently who is going to jail for a domestic violence charge or charges.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].

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Seminole County Domestic Violence Defense Lawyer

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Seminole County Criminal Defense Lawyer

When officers in Seminole County, Florida arrive at a domestic violence 911 call they separate the parties and try to figure out what happened.  Most people have heard some version of the Miranda rights on television.

Miranda rights:

You have the right to remain silent.

Anything you say can and will be used against you in a court of law.

You have the right to an attorney.

If you can not afford an attorney one will be provided for you.

Do you understand the rights I have just read to you?

With these rights in mind do you wish to speak to me?

The reality is if you refuse to speak to the Seminole County officers and the other party does speak to them and says you committed a crime you are going to jail.  Seminole County officers view silence as guilt.  “If you did not do anything wrong, then what do you have to hide” is what officers say.  According to Seminole County officers someone refusing to cooperate with them must be because they are guilty of something. So maybe that first sentence of the Miranda rights should say, “You have the right to remain silent but that silence will be held against you when we are deciding who to arrest”.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].

When officers arrive to a domestic violence 911 call in Seminole County, Florida they usually separate the two people involved in the incident to try to determine who was the “primary aggressor”.  The primary aggressor is usually whoever hit the other person first if both people hit each other.  The primary aggressor is the person who is getting arrested for domestic violence.  Unfortunately, the investigation is usually short and not very detailed and ends up being the officers guess at who hit who first.  This is where it helps to be nice with the officers because based on my experience the person that is less cooperative with the officers or hostile towards the officers is going to be labeled the primary aggressor and arrested.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].

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Seminole County Domestic Violence Defense Lawyer

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Seminole County Criminal Defense Lawyer

Officers in Seminole County, Florida can charge parents with domestic violence child abuse if your children are present during a domestic violence incident.  The domestic violence child abuse charge or charges are in addition to any other domestic violence charges from the incident.  The theory is that witnessing domestic violence by one or both of your parents harms the child’s mental health and, therefore, that harm constitutes domestic violence child abuse.  Unlike domestic violence battery, which is normally a misdemeanor, domestic violence child abuse is a felony.  Additionally, the Florida Department of Children and Families is going to get notified by the Seminole County officers of the incident and the Florida Department of Children and Families will conduct an investigation to determine what they believe needs to be done to protect the children.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].

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Seminole County Domestic Violence Defense Lawyer

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Seminole County Criminal Defense Lawyer

When the police are called for a domestic violence incident in Seminole County, Florida someone is usually going to get arrested. Even if both people involved are determined by officers to have committed an act or acts of domestic violence usually only one will be arrested.  If children are present officers are usually not interested in waiting around for the Florida Department of Children and Families to arrive and take custody of the child or children.  Normally, the “primary aggressor”, a term I repeatedly see used in police reports by officers, will get arrested and taken to jail and the officers will leave the other person with the child or children.  The “primary aggressor” is whoever the officers think committed the first act of domestic violence in the incident.  The arresting officer will normally request the prosecutor in Seminole County to file charges also against the person who was not arrested if the arresting officer determines that person also committed an act or acts of domestic violence.  If you would like to discuss how I can help, the consultation is free.  Please call me at 407-740-8300, text me at 407-616-8808 or email me at [email protected].

For More Information On Domestic Violence Charges Click Below:

Seminole County Domestic Violence Defense Lawyer

For Information On Chris S. Boatright, P.A. Click Below:

Seminole County Criminal Defense Lawyer