I need to find out the laws on domestic violence...I live in florida and i want to know what they do if they don't find the abuser with in the first 48hrs do they persue the case or do they drop it...does the state pick up the case and if so what will happen i need help please thanks a bunch Mandy
2006-12-25 12:21:49 · 9 answers · asked by mandashoes 1 in Politics & Government ➔ Law Enforcement & Police
well i just want to know if they keep persuing it becuase i dont want the person to go to jail...i just wanted him to move out and the police made me file a report ...i live in pasco county florida if it helps
2006-12-25 12:44:32 · update #1
they took a statement at the hospital and they showed up at my house the second day after it happen and asked if i had seen him...they said they wanted to talk to him...which means they want to arrest him... i just am worried because we have bills to pay...and his paycheck come out tommorow...and i have a mortgage payment to make...and i dont want them to arrest him at work and he lose his job cause we have a house together a car etc... so im just worried....its been 3days...
2006-12-25 13:16:41 · update #2
1st part) Domestic Violence is not a crime but a designation of an offense in the state of Florida. You have to be first charged with a violent offense (i.e. battery, assault) and then it has to be determined if they are related. Do they have any children together, have they ever lived together in the same household like husband and wife. There are a few others not listed.
2nd part) When an officer arrives he has to determine both of categories listed above first. If there is no doubt that both of those things has occurred then the primary aggressor is placed under arrest. (If the suspect is not present then a capias (warrant) is issued on that subject if not picked up in 48 hours.)The victim is then given a SAO (state attorney office) appointment in which they meet with the domestic violence coordinator and they discuss the circumstances of your case. That is when you tell them if you want to pursue charges or do not. That is also when you can ask for a order of protection. Even if you do not desire prosecution the suspect is still placed under arrest and the case is pursued by the state. So it is important to go to that appointment. Before the suspect is released from jail he has to appear in front of a judge. That is where a temporary order of protection is initiated.
3rd part) If you are a victim of domestic violence, i urge you to defend yourself and pursue charges against the suspect, and obtain help and counseling. good luck.
2006-12-25 13:13:26 · answer #1 · answered by Cpl Coop 2 · 0⤊ 0⤋
In Florida the Courts in every circuit have established a Domestic Violence Court. An individual who is a victim of domestic violence can file a petition against the perpetrator for a preliminary injunction. The Court will review the petition and if the case has merit will enter an Order of Temporary Injunction. A final hearing after notice to all parties must occur within fourteen days after the issuance of the Temporary Injunction. Each party may bring witnesses to the hearing. In some cases law enforcement, fire rescue and EMT personal are also subpoenaed to appear in Court.
If the permanent injunction is issued after hearing by the Court the perpetrator is required to stay five hundred feet from the victim at all times. He or she also will be required to surrender all firearms to the sheriffs' office in the County that he or she resides. The injunction is valid for one year unless both parties mutually agree to terminate the injunction.
2006-12-25 20:27:49 · answer #2 · answered by snickers 3 · 2⤊ 0⤋
If the person was "charged" then they would have a warrant for his arrest.
They may not just go looking but if and when he is every stoped for some traffic issue they will pick him up.
And of course if the person is a abuser of domestic violence, he needs to be in jail
2006-12-25 21:08:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Domestic Violence is not a one time thing. The abuser should be administered treatment and taken out of society until the behavior is corrected. This person will continue the abuse if nothing is done. It would be in your best interest and the best interest of the abuser if he is found.
2006-12-25 20:55:30 · answer #4 · answered by flyingphreak6 2 · 0⤊ 0⤋
laws vary from state to state. im not sure about the specific laws they have in florida. they may pursue the abuser for longer than 48 hours.
2013-11-12 02:07:04 · answer #5 · answered by Courtney 2 · 0⤊ 0⤋
I agree with your other answers. Laws do vary from state to state, but after a warrant is issued, sooner or later he'll pop up and they'll get him. Whatever you do, if this involves you, stay away from him. Love shouldn't hurt. Best of luck to you.
2006-12-25 20:31:36 · answer #6 · answered by cajunrescuemedic 6 · 0⤊ 0⤋
Yeah, laws vary significanlty state by state but the 48 hour rule is not the norm
2006-12-25 20:27:45 · answer #7 · answered by who da wha? 4 · 0⤊ 0⤋
the police didnt make you file a report, if you dont want him to go to jail drop the charges... but think carefully before you do because this will not stop him
2006-12-25 21:00:37 · answer #8 · answered by DELTA208 2 · 0⤊ 0⤋
In most states, they will pick it up themselves. Doesn't matter how many hours it has been.
2006-12-25 20:26:25 · answer #9 · answered by docie555@yahoo.com 5 · 0⤊ 0⤋