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How should I plead to domestic battery charge? No charges being filed by victim.

Ormond Beach, FL |

My boyfriend is verbally abusive. Calls me horrible names and spits in my face. I slapped him and he had me arrested. My arraignment is tomorrow. However, there was another incident 2 nights ago but I left. I scratched his face and pictures were taken. Again he's not pressing charges. Will this affect my arraignment tomorrow?

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Attorney answers 7


You should get a criminal defense attorney - private or appointed, and discuss the matter with your attorney, not on a public forum. A conviction, which is what would result from a plea, could ultimately cause you negative consequences, both in employment situations and in regards to any children you have or may have in the future. This is a serious charge.

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


Many people are surprised to learn that the "victim" of a domestic battery does not have the power to "drop the charges." A "victim" may inform the state attorney that he or she does not wish to prosecute. However, only the state attorney may decide to press charges or drop the charges. I would not plead to anything before you consult with an attorney. You may be eligible for a domestic violence intervention program that may be able to protect your criminal record.


two things: First, it is up to the prosecutor to decide which charges get filed. Not you, not your abusive boyfriend; Secondly, as a condition of your release, you are forbidden from having any contact with your "victim" boyfriend.

You need to drop this guy like a bad habit. You also need to contact a local criminal defense attorney and present your side of the case to the prosecutor. You are probably eligible for a diversion program which will result in a dismissal of the case. RUN, do not walk away from this terrible, destructive and now, expensive relationship.

Good Luck,

Robert E. Heyman, Esq.


If it reported it surely will not help. I am a California attorney & not familiar with FL laws & procedures. In California there would probably be an immediate temporary restraining order issued before any thing else - I am not sure how they handle these cases in FL. But, this is a serious charge & you need to immediately consult with a local FL criminal attorney - many offer free initial consultations & payment plans. If you can not afford an attorney you should request the public defender. DO NOT plead without the advise of legal counsel. Contact an attorney ASAP

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


Unless your an attorney, its probably not a good idea to try to handle this yourself. Also, you should probably think about terminating your relationship with your boyfriend if he treats you as described!


I am concerned with you showing up at your Arraignment, as there's a chance you could have your bond revoked if its determined you've violated your conditions of release by either having contact with your boyfriend or by committing a new law offense while out on bond. If you hire a lawyer, your appearance can be waived & you can have more time to prepare yourself to address the cases.

Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.


Plea not guilty, hire an attorney, and get a new boyfriend. If you would like to discuss this matter in person, call my office at 386-253-0165 to schedule an appointment.

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