Victims of Domestic Violence in Pinellas County, FL
The State Attorney’s Office in the Sixth Judicial Circuit in Pinellas County, FL, helps victims of domestic violence break the cycle of violence. Accusations of domestic violence involve violent confrontations between:
- spouses or formal spouses;
- two people in a romantic relationship who live together as a family; or
- two people who have a child together but have never been married or resided in the same home.
Although less common, domestic violence might also occur between family members, including a parent and child or stepchild, siblings, or a grandparent and grandchild. Domestic violence offenses can include a hit, strike, punch, or any contact causing bodily injury, either with or without a weapon.
Not all named victims want the case prosecuted. Sometimes, the named victim in a domestic violence case feels like their voice is not being heard because they want the charges to be dropped. In other cases, the alleged victim might wish to the case to be aggressively prosecuted so that the maximum sentence might be imposed. Most cases fall somewhere between those two extremes.
Attorney for Victims of Domestic Violence in Pinellas County, FL
If you were named as a victim of domestic violence, but feel like your voice is not being heard, contact an attorney at Sammis Law Firm. We can help you understand how the process works and the best way to make sure the State Attorney’s Office considers your wishes. We can help you understand your options, including filing an injunction for protection from domestic violence.
If you want the charges dropped, we can explain your options. The alleged victim in the case is allowed to present evidence to the prosecutor with the State Attorney’s Office showing why the case should not be prosecuted.
In some cases, the victim needs additional help filing an injunction for protection against domestic violence, dating violence, sexual violence, or stalking. Contact an attorney at Sammis Law Firm for more information. Our offices are conveniently located in Clearwater, FL.
Call 727-210-7004.
What Does the Domestic Violence Unit Do in Pinellas County, FL?
The Domestic Violence Unit of the State Attorney’s Office is a special unit formed to prosecute misdemeanor domestic violence cases in Pinellas County. The Domestic Violence Unit consists of a specially trained staff of criminal justice attorneys, criminal investigators, victim advocates, and support staff.
The Domestic Violence Unit in Pinellas County, FL, was formed to diminish the incidents of violence occurring in homes throughout the county. Every year, law enforcement officers in Pinellas County respond to more than 9,000 domestic violence cases, involving both misdemeanor and felony allegations.
During an investigation for domestic violence, a criminal complaint might be filed by a prosecutor with the State Attorney’s Office for any of the following reasons:
- The police officers responded to the emergency call and believed that a crime had been committed against the victim. The officer then wrote a report, which was provided to the Domestic Violence Unit, with a request that the defendant be prosecuted for breaking the law;
- A prosecutor in the Domestic Violence Unit read this police report and also believed that a crime of domestic violence was committed;
- If the defendant has a criminal history of acts of violence against the same victim or others, a computer print-out of this information was reviewed and attached to the case file;
- If photographs were taken by the police, at the time of the incident, showing injuries and/or damage to your property, the prosecutor looked at this evidence in the file;
- If a 911 emergency call was made, the prosecutor ordered a tape-recorded copy of that call from the police department, listened to it, and made it part of the case file;
- The prosecutor may ask the Domestic Violence Unit investigator to interview the alleged victim and any other witnesses to the alleged act of violence and write a report that can be added to the file.
If the case goes to trial, this evidence in the file might be used to prove the accusation. Additionally, the prosecutor might subpoena the victim, other witnesses, and the investigating officers to provide live testimony in the courtroom.
Will the Person Accused of Domestic Violence Go to Jail?
Effective July 1, 2001, Florida Statute Section 741.283 requires a five (5) day minimum jail sentence for a first-time offender convicted of misdemeanor domestic violence when an injury resulted from the battery. However, as a practical matter, it is unusual for first-time domestic violence offenders to go to jail for a misdemeanor offense, especially when there are problems with being able to prove the accusation beyond a reasonable doubt or when the alleged victim does not want the accused to go to jail.
A person accused of domestic violence might agree to enroll in a batterer’s counseling program or private counseling that provides a similar curriculum. The worst-case scenario might be that the accused enters a guilty plea and is sentenced to probation, sometimes with a period of incarceration. The special conditions of probation might include showing proof of enrollment in and completion of a batterer’s counseling program.
If the accused agrees to probation but fails to complete all special conditions within the allotted time, the probation officer may request that the court issue an arrest warrant for violating probation in Pinellas County, FL. Because the special conditions are so challenging to complete in domestic violence cases, probation violations are common in Pinellas County, FL. If the court finds that the probation violation occurred, then the judge might sentence the defendant to jail. For a misdemeanor domestic violence charge, the maximum penalty is twelve months in jail.
Will the Victim of Domestic Violence Be Required to Testify?
The alleged victim might only have to testify in court if they received a subpoena from the State Attorney ordering them to appear in court to testify in a trial. Most domestic violence cases are resolved without going to trial. The criminal defense attorney of the person accused might also subpoena the alleged victim to appear in court, especially for a pre-trial motion hearing to determine whether the accused acted in self-defense, defense of others, or defense of property.
When a criminal complaint is filed, the person accused of domestic violence might be required to go to court and enter a plea of either “Guilty” or “Not Guilty” at the arraignment. If the person accused has hired a private criminal defense attorney before arraignment, the accused might be excused from appearing in court if the attorney files a “waiver of arraignment” and “written plea of ‘not guilty.'” Read more about criminal defense attorneys for domestic violence cases in Pinellas County, FL.
After the arraignment, the second court date is called the “Pre-trial Conference” in Pinellas County, FL. At the Pre-trial Conference for a domestic violence charge, the person accused might be required to appear in court, or their private attorney might appear on their behalf if they have signed a “waiver of appearance” that is properly filed with the court.
By this “Pre-trial Conference” date, the criminal defense attorney has typically conferred with the prosecutor from the Domestic Violence Unit and reviewed all the evidence that the prosecutor will use in court to prove the crime alleged.
The prosecutor with the Domestic Violence Unit in Pinellas County, FL, might offer to recommend a particular sentence to the judge in exchange for a “Guilty” or “No Contest” plea from the person accused.
If the defense and prosecution are not able to reach an agreement, the defense might file pretrial motions to exclude the prosecutor’s proposed evidence from trial. For example, statements might be excluded if Miranda warnings were not read. The entire case might be dismissed if the defendant files a “stand your ground” motion showing that the accused acted in self-defense.
Does the Alleged Victim Need a Private Attorney?
No, in most domestic violence cases in Pinellas County, FL, the alleged victim does not need to hire a private attorney. Instead, the prosecutor with the State Attorney’s Office is given the task of prosecuting the crime while representing the People of the State of Florida.
In some cases, the alleged victim might want the case to be aggressively prosecuted so that the maximum sentence might be imposed. In other cases, the alleged victim does not want the case to be prosecuted at all. Most cases fall somewhere between those two extremes.
The person accused should NEVER talk to the alleged victim about “dropping the charges.” Those conversations might be construed immediately, or at some later date, as tampering with the witness. Keep in mind that the alleged victim cannot “drop the charges” because only the prosecutor can make that decision since the State Attorney’s Office is prosecuting the charges.
The criminal defense attorney might suggest that the person accused take proactive steps to provide mitigating evidence, such as completion of private counseling equivalent to the batterer’s intervention program. The counseling helps ensure the person accused never commits an act of violence or puts themself in a position where a false allegation could be made. The batterer’s intervention program counseling helps the accused gain insight into the problems that exist so that positive changes can be made in the relationship or so that the parties can separate if reconciliation is not a good idea.
The alleged victim of domestic violence, if the State Attorney’s Office is currently prosecuting their case, can reach out to the victim advocate’s office if they need to speak to someone about the case, so they can be sure their voice is being heard. The contact information for the Domestic Violence Victim Advocate’s Office is listed as follows:
DOMESTIC VIOLENCE UNIT
State Attorney’s Office
P.O. Box 5028
Clearwater, FL 33758
8:00 a.m. – 4:30 p.m.
727-464-7396
727-464-7397
727-464-6784
This article was last updated on Thursday, August 14, 2025.
