If you are charged with a Domestic Violence offense in the Saint Petersburg/Clearwater area, the criminal justice system is certain to take notice.
Pinellas County courtrooms are normally designed to handle a large variety of criminal offenses. For example, courtrooms are not segregated to hear just DUI offenses or just theft charges. Our local Pinellas prosecutors are faced with the task of overseeing a large volume of cases, and they are also burdened with the need to be familiar with the various nuances of each different criminal charge. Judges in these typical courtrooms need be well versed in all areas of criminal law. But this is not the case with Domestic Violence related prosecutions. Domestic Violence in Pinellas County takes on a priority status. If you are charged with Domestic Violence in Pinellas County:
- Your case will be assigned to a special Domestic Violence court division
- You will step into a special courtroom and stand before a judge who hears nothing but Domestic Violence cases
- You will be prosecuted by an Assistant State Attorney who has been selectively assigned to the Domestic Violence unit and who has received specialized training in the prosecution of Domestic Violence cases
- The participants in this special courtroom are well familiar with the issues surrounding these limited types of charges and experienced in dealing with them
How We Got There…
Pinellas County was not always dedicated to extending so many resources in curbing domestic violence. In fact, some people inside the legal community maintain that in the past, domestic violence was a problem that the local criminal justice system was quick to "sweep under the rug." This unlawful "personal" conduct was often considered to be merely a “family issue” with which the government had no business interfering. Rather than arrest the offender for committing a violent crime, law enforcement officers arriving at the scene of a domestic disturbance would often ask the man to take a “cooling off walk” or suggest that his wife spend the night at a girlfriend’s residence. Stern warnings were issued as opposed to arrest and incarceration. When the police actually did make an arrest, prosecutors were often reluctant to take these cases to trial since many victims would often recant their accounts of abuse or suggest that they did not intend to cooperate in the ongoing prosecution.
Because the criminal justice system was accused of "turning a blind eye" to domestic violence, Florida lawmakers decided in 1995 to crack down on these offenses. The infamous OJ Simpson trial garnered the necessary public support for the Florida State Legislature to pass a series of laws focusing exclusively on domestic violence. These new laws distinguished and highlighted “domestic” violence crimes from "non-domestic" related offenses. The legislation likewise created new roles for law enforcement, prosecutors, and the courts when handling these offenses.
Pinellas Decides to Use an Even More Comprehensive Approach
In what some perceive as a “knee-jerk” reaction to the new legislation, in 1996 Pinellas County created a separate Domestic Violence court division. Thereafter, every person facing Domestic Violence charges arising out of the St. Petersburg / Clearwater area was required to appear before a specially designated judge and Domestic Violence-trained prosecution staff. The Pinellas County Domestic Violence Division (Division R) takes its responsibilities seriously. Its focus is exclusively limited to only Domestic Violence offenses such as: domestic battery, domestic assault, stalking, and violations of restraining orders.
Given These Tough Economic Times, Why Is Pinellas County Continuing to Support a Specialized Domestic Violence Division?
Is it necessary to devote so much time and so many resources into Domestic Violence cases? After all, if you push, shove or punch your next door neighbor (as opposed to someone who is "domestically related" as discussed above), you would only find yourself charged with a “Battery” (instead of a "Domestic Battery"), and your court appearance will occur in a standard run-of-the-mill courtroom. At your first court hearing, the guy sitting next to you could be charged with retail theft, a possession of marijuana charge or any number of a hundred different criminal offenses. The prosecutor will be forced to handle the complexities and nuances associated with all of those different charges. Why does Pinellas County treat Domestic Violence cases differently?
Domestic Violence offenses can be challenging for the state to pursue. At times, it can be difficult for a prosecutor to prove that a defendant committed a domestic-related offense. Victims often recant their stories, defendants usually do not testify, and there may be no independent third party who witnessed the offense. So how does the court system address these concerns? Creating a special court division that is aware of these potential issues and trained to effectively address them is said to help avoid injustices. Thus, the argument goes that the unique dynamics of domestic violence demand that these cases be handled by those who have training and experience in these problematic areas. A system that is sensitive to the fact that domestic abusers and their victims often follow unique behavior patterns is inherently better equipped to resolve these cases effectively and efficiently. Because domestic violence is said to affect the entire community, Pinellas County decided that the time and expense associated with creating and staffing a special system was worth it. This effort has been described as a “coordinated community approach” to solving the domestic violence problem.
As a result of these efforts, domestic violence is no longer a muffled issue in the St. Petersburg/Clearwater area. In fact, it now takes center stage. If you are charged with a Domestic Violence offense, you should not take your situation lightly. A former senior Domestic Violence prosecutor recently told us that the “get-tough” Pinellas attitude has had dramatic effects on the landscape of domestic violence in the Pinellas County area. He related, “Now, no matter where the defendant turns, he finds accountability in the community. And no matter where a victim turns, she finds a better measure of support, safety and security.”
Will My Charge End Up in the Special Domestic Violence Courtroom?
Contrary to popular belief, Domestic Violence charges are not limited to incidents between husbands and wives or boyfriends and girlfriends. Instead, Domestic Violence is defined under Florida Statute 741.28(2) and 741.28(3) to include violence between:
- Spouses
- Former spouses
- Relatives
- Persons who reside together as if a family
- Persons who formerly resided together as if a family or
- Persons who have a child in common
Your Domestic Violence charge can be a "Domestic Battery" if the battery satisfies Florida's legal definition of a "Battery." Battery is defined under Florida law as the intentional touching or striking of a person against their will, regardless of injury. See Florida Statutes Section 784.03.
If You Have Been Charged with Domestic Violence, Speak to a Pinellas County Criminal Defense Attorney Well Familiar with the Special Domestic Violence Division
Attorneys Frank Russo and Marc Pelletier know how to help. They are former state prosecutors who in the past routinely handled domestic violence prosecutions. The Law Firm of Russo & Russo has been representing clients charged with domestic violence offenses in Pinellas County since 1986. You can put their unique background and experience to work for you.
Call (727) 578-0303 for a free consultation to discuss these options:
- Early Intervention after your arrest: Just because you were arrested does not mean that the Pinellas County State Attorney’s Office has to file a formal charge against you. Your lawyer can intervene & provide the case-assigned prosecutor with your side of the story
- Preparation of a “Request Not To Prosecute:” We can draft a document for a motivated/cooperating victim to sign
- Modifying the Court Order of “No Contact:” We can schedule a court hearing in an effort to quickly get you lawfully back home & reunited
- Domestic Violence Intervention Programs: Speak to us about programs that result in a dismissal of the domestic violence charge
- Plea Bargains - Avoid formal convictions: Plea bargains can often be designed to structure an outcome that will steer clear of jail, avoid formal conviction and not jeopardize your current employment
- Sealing or Expungement of Criminal Court Records: With the right outcome, we can often restore you to the position you occupied prior to being arrested or charged with a domestic violence offense
Click Here for Our Complete Domestic Battery Online Information Source
The Law Offices of Russo & Russo
Former State Prosecutors
Corner of 9th Street and Gandy Blvd.
Glades Building, Baypoint Commerce Center
877 Executive Center Drive West, Suite #112
St. Petersburg, FL 33702
(727) 578-0303
Related Links
Visit our extensive Criminal Defense Website at: www.defensehelp.com
Click here to view the statutory requirements for law enforcement in domestic violence cases.
Click here to view the statutory requirements for the state attorney in domestic violence cases.
Click here to view the statutory requirements for the judicial system in domestic violence cases.
Click here to visit the 6th Judicial Circuit’s domestic violence Website.
Pinellas County Domestic Violence Court Room,Domestic Battery,St. Petersburg / Clearwater Criminal Defense Attorney handling domestic violence cases,Florida Statute Section 784.03 Domestic Violence Intervention Program,Florida Statute Section 741.28
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