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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My son has been wrongly charged with domestic battery by his

Resolved Question:

My son has been wrongly charged with domestic battery by his spouse while he was attempting to move out of their shared residence, also other various false claims. He is not guilty of these charges but his life is being ruined by the false claims, what would be his best recourse? He has very limited funds right now, three small children are being used as pawns in this mess
Submitted: 11 months ago.
Category: Legal
Expert:  LegalKnowledge replied 11 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. Do you know if his wife is going to cooperate with the State Attorney is the prosecution of this case? Were there any witnesses present when the alleged violence occurred?
Customer: replied 11 months ago.

She is definitely not cooperating and no witnesses to alleged violence

Expert:  LegalKnowledge replied 11 months ago.
Barbara, thank you for the additional information. The strength of the States case totally depends on her cooperation. If she fails to appear at the deposition nor appears at trial, the State Attorney will not be able to proceed, as a result of not having a victim or a witness, to present at trial. If that happens, the case will be dismissed. Often times, the "victim" will speak with the prosecutor ahead of time and even file a motion/notice that they do not want to proceed with the case nor the prosecution of the defendant and request that the case be dismissed. It is important to remember that the crime itself is against the State of Florida with her being the victim, so the State has the discretion of proceeding or not. His attorney has likely handled numerous domestic violence cases, so this scenario is common. They will work the case and make a demand for discovery, to see all the evidence which the State has and is going to use against him. They will then depose the victim and depending on if she appears or what she says, use that to speak with the prosecutor, to try and get them to drop the case, since there is no cooperation.

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16157
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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