Hope Cards And Florida Domestic Violence Cases

In public, everyone says that there is no such thing as a minor incident of domestic violence, but you probably know a couple that got in a fight, called the police, and then smoothed things over with few legal consequences, if any.  Perhaps they are still together, even after multiple calls to the police during heated arguments.  It is true that most domestic disturbances do not lead to violent crimes that cause serious injury.  When someone gets charged with the murder of a former spouse, though, the friends and relatives of the couple often say that the crime was only their fears coming true; they saw the warning signs and knew that it could happen.  Several laws went into effect in 2024 that aim to prevent the escalation of domestic violence.  They require an increased response by police to reports of domestic violence, but they do not change the criminal code’s definition of domestic violence, nor do they change any of the rights of defendants in criminal cases.  If you are being accused of a domestic violence offense, contact a West Palm Beach dating violence lawyer.

How Does the Hope Card Law Affect Criminal Cases About Domestic Violence Charges?

Starting on October 1, 2024, Florida’s hope card law will take effect; similar laws already exist in several other states.  Whenever the court enters a restraining order arising from a domestic violence incident, the court will record this information in a database accessible to police; the court will also issue the petitioner a hope card, which is a wallet-sized card that includes the petitioner’s name, the respondent’s name, and the date of the restraining order.  This means that, when the police get a call about domestic violence or stalking, they will find out quickly whether it is an isolated incident or part of an ongoing pattern with the people involved.

In the states that have already adopted the hope card system, the courts issue the cards regardless of whether the respondent to the restraining order receives charges in criminal court.  If you get criminal charges after your ex calls the police and accuses you of domestic violence, prosecutors may use the hope card as evidence in court, but it does not automatically mean that you are guilty.  The purpose of the new laws is to prevent crimes, not to impose criminal penalties; they do not do this.  Now and before, it is illegal for the state to enter a conviction on your record or hand down a sentence unless you are formally charged in criminal court and you plead guilty or receive a guilty verdict at trial.  You still have the right to due process of law and the right to defend yourself against the charges.

Contact a West Palm Beach Criminal Defense Lawyer Today

Attorney William Wallshein has more than 40 years of experience, including five years as a prosecutor in Palm Beach County.  Contact William Wallshein P.A. in West Palm Beach, Florida to discuss your case.

Source:

floridaphoenix.com/briefs/desantis-signs-law-approving-hope-cards-for-victims-of-domestic-violence/