What exactly will happen in court for a Domestic violence charge?

Asked over 1 year ago - Palm Coast, FL

I had the police called and they could not find him on the day it happened but he showed up the next day at my place and i called the cops but they said the charges were turned into the court and they couldnt arrest him, a couple days later i had been served with a form saying that i was the the person causing harm, there was a court date given and the next week the day before court i was served with the same paper but the date had been amended for the next week, since then I've spoken to my husband who claims that he will not be attending court and that he had told the court we had reconciled. when we did not. What will happen and what should be the next step?

Attorney answers (3)

  1. Brendan Noel Guilford

    Contributor Level 8

    6

    Lawyers agree

    1

    Answered . A) It doesn't appear, from your description, that you filed a domestic violence injunction. That is your first step if you have not already taken it.
    B) Once you have filed, attend your return hearing date. Do not listen to anyone, as the police and your abusive spouse may have their own motivations for telling you different ideas.
    C) Understand that a domestic violence injunction is a civil proceeding which results in an Injunction for Protection against Domestic Violence. It prohibits your attacker from being in your physical presence or communicating with you. It is not a bullet-proof jacket, however!
    D) Criminal charges from domestic battery are handled by the state. You are a victim and a witness, but you do not 'bring charges.'

    Good luck and stay safe.

  2. Heather Morcroft

    Contributor Level 20

    4

    Lawyers agree

    Answered . Go to court and I suggest you visit a lawyer first to review the paperwork and attend court with you.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  3. Matthew Phillip Konecky

    Contributor Level 15

    2

    Lawyers agree

    Answered . You should hire an attorney to protect your rights. I am not sure from your description whether you were served a notice to appear for criminal court or for a civil injunction hearing. Review my website to see if it answers any questions you may have.

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