DOMESTIC VIOLENCE BATTERY (F.S. § 784.03) and DOMESTIC VIOLENCE ASSAULT (F.S. § 784.011)
CASE DISMISSED (NOLLE PROSEQUI)
Santa Rosa County, FL
November 10, 2025
Client, a non-citizen who had been deported from the United States, was charged in Santa Rosa County with Domestic Violence Battery (F.S. § 784.03) and Domestic Violence Assault (F.S. § 784.011), first-degree misdemeanors carrying a combined exposure of up to 2 years in the county jail. The case presented a unique and complex challenge: the client had been [REDACTED] removed from the United States by immigration authorities and was physically outside the country, unable to appear in court. Without active legal representation, the client faced the prospect of an open warrant, a failure-to-appear finding, and unresolved criminal charges that would permanently bar any future lawful return to the United States. The alleged victim — the client's [REDACTED] — consistently maintained that the incident was [REDACTED] and that no prosecution was desired. The dual DV charges carried mandatory consequences upon conviction, including a 29-week Batterer's Intervention Program, minimum 12 months probation, a permanent DV designation, and a lifetime federal firearms prohibition.
The defense team employed a creative and seldom-invoked procedural strategy to resolve this case without the client's physical presence. After filing a Notice of Appearance and waiving the client's appearance at all proceedings, we deployed a procedural mechanism that leveraged the client's deportation status to challenge the State's ability to prosecute. We presented the alleged victim's consistent and documented opposition to prosecution, including [REDACTED] sworn statements that the incident had been mischaracterized. Simultaneously, we filed a demand for speedy trial, forcing the State to either bring the case to trial — which presented insurmountable logistical and evidentiary challenges given the circumstances — or dismiss. The State Attorney's Office entered a Nolle Prosequi, completely dismissing both charges. This result was critically important because it removed the unresolved criminal charges as a permanent bar to the client's future immigration relief and ensured that no warrant would issue for failure to appear. Past results do not guarantee future outcomes; each case depends on its facts and circumstances.