Arrest by Tampa Police for Domestic Violence Battery
The Tampa Police Department’s standard operating procedures, SOP 314.1, require the investigating officer to make a formal arrest if probable cause exists to believe the crime was committed, even if the arrest goes against the wishes of the alleged victim. If the officer is not able to immediately make an arrest, the officer must trigger the entry of a warrant for the person’s arrest on domestic violence charges, including domestic violence battery (batt1103).
All domestic violence cases not involving an arrest will be referred to the Criminal Investigations Division and investigated according to the standard operating procedures developed by the Tampa Police Department. In domestic violence cases, officers with the Tampa Police Department will not issue any of the following:
- a Request for Prosecution by Complainant;
- an Assault Victim Instructions Form; or
- a Notice to Appear.
A simple battery requires an “offensive touching” that might include a touch, strike, slap, grab, push, or punch. The notation of “domestic violence” does not create a separate type of battery. Instead, “domestic violence” refers to how the crime is classified when determining other issues, such as the pre-trial release conditions or collateral consequences.
For any misdemeanor domestic violence battery that allegedly occurred within the City of Tampa, the case will be funneled to the courthouse in Tampa, FL, and assigned to the Honorable Michael C. Bagge-Hernandez, a judge in county court in Division “F.”
Attorney for Domestic Violence in Tampa, FL
If you were arrested for domestic violence by an officer with the Tampa Police Department, then you need an attorney experienced in defending these cases. The best result is getting the charges dropped quickly so you can expunge your record.
The prosecutor often wants anyone charged with BATTERY (DOMESTIC VIOLENCE) (BATT1103) to serve a long term of supervision, either in a diversion program or on probation. During that supervision period, the accused is required to complete a 26-week batterers’ intervention program.
The attorneys at Sammis Law Firm can help you fight to get the charges dropped by the prosecutor or dismissed by the court. We can file pre-trial motions to suppress any evidence illegally gathered.
Call 813-250-0500 to speak to an experienced attorney today.
Consequences of a Domestic Violence Battery Arrest
After an arrest for domestic violence in Tampa, FL, you need an experienced attorney for the following reasons:
- Under Florida law, you are not able to immediately bond out of jail after an arrest for domestic violence because no bond will be set until after you see the judge at the first appearance. In other words, you will stay in jail after the arrest until you see the judge at the first appearance.
- If you do not have an attorney representing you at your first court appearance within 24 hours after your arrest, the court will usually impose a “no contact” provision that will prevent you from returning to your home, seeing your children, or communicating with your spouse until a motion to modify this condition of your bond is granted after a court hearing.
- If you have an attorney representing you at first appearance, the attorney can request modifications to the standard “no contact” provision.
- The charge is classified as a “crime of violence,” and the mere allegation is extremely serious. Consider that a conviction for any domestic violence offense will cause a lifetime ban on your right to possess a firearm under state and federal law.
- Even if you enter a plea of “no contest” and receive a “withhold of adjudication” on misdemeanor or felony charges, you will never be able to seal your criminal record for any domestic violence charge. This means that any employer will be able to view your mug shot on the law-enforcement website and read embarrassing details about your arrest and prosecution on the clerk of court website.
- Additionally, private data-mining companies like arrests.com or mugshots[dot]com will build pages about you on the internet that display the mug shot and facts about the arrest.
- Most importantly, employers may be extremely hesitant to hire or promote anyone with a domestic violence arrest or conviction on a criminal record.
- The arrest and prosecution can be used against you in a future divorce, family law, or child custody hearing.
Read more about how domestic violence cases are prosecuted in Hillsborough County, FL.
Additional Resources
Information on Domestic Violence by Tampa Police – Read an article published by the Tampa Police Department providing resources to victims of domestic violence, including helpful phone numbers, how to determine if you are in an abusive relationship, and tips on creating a safety plan. Find information on filing a petition requesting an Injunction for Protection from Domestic Violence at the courthouse in Tampa, FL.
This article was last updated on Tuesday, November 26, 2024.
