Battery-Commit Domestic Battery by Strangulation

[Jason21380]

My question involves criminal law for the state of: Florida


My live-in Girlfriend and i were recently arrested for "BATTERY-COMMIT DOMESTIC BATTERY BY STRANGULATION".
We both had a few beers and ended up fighting and she called the cops. We both wrote sworn statements against each other and were taken to jail and her father picked up the kids. The first appearance judge issued a temp. injunction for us both, so in this case i am both victim AND offender. As with her.

My question is as follows: She wishes to remain involved in our relationship, as do I. We do not wish to violate the courts order to refrain from contact, although we have been messaging via a third party family member. We want to get some form of idea as to what we are able to do according to our OWN wishes. We have agreed to seek counseling Together, Therapy, or whatever we need to on our own before the court imposes something of that nature. We realize we still love each other and have something worth fixing and just don't want to get caught up in the system.

So if we go to court together, refuse to press charges any further, show proof of vindication through counseling, etc... Can we honestly expect to have our charges dropped ? The judge told us to come back for a hearing in 30days, so we want to prepare ourselves before then and try to have matters cleared on our own without having the courts involved.

What are our options ? We cannot afford lawyers & do not want to face prosecution. We've been told that all we have to do is go in the court and say we are working things out and show proof of HOW we are doing so.
Is this a reasonable assumption to look forward to ? Can we talk to each other without getting in trouble if we both agree to it ? Or does that violate the court order if we went to Counseling together ?

Please help. Thank you.

[justtoonice]

. . . although we have been messaging via a third party family member.

Did your first appearance judge not tell you strong enough that no contact means no contact? And that no contact means no contact through third parties, no email, no myspacing, nothing.

[BrendanjKeegan]

It really depends on what was said in the sworn statements. At this point, it looks like you're not looking on filing a civil suit, so the prosecution has A LOT to prove. And how can they do so without the consent of at least one of the parties involved?

Are you going to a hearing to contest the arrest? I'm confused on what is going on in your case. Did the State/Municipality press charges and arraign you? If not, did they issue a notice of arraignment? It seems that I'm missing a big portion of the case.

Most likely, if the prosecution decides to, they're going to charge you with F.S. 784.041.

To establish a conviction under this statute, they need to prove that the two of you:

(1) struck one another,
(2) did so intentionally
(3) and caused great bodily harm.

In addition to showing that you caused great bodily harm, they will most likely need to show that the two of you:

(1) impeded on one another's breathing and/or,
(2) impeded on one another's circulation

by applying pressure on the throat or neck of the other or by blocking the nose or mouth of the other.

If you said these things in your sworn statement, then the best you can do is say "prove it."

If it's not a trial and you two are not arraigned, then you'll be lucky. Just explain to the court that both of you were intoxicated and that you both would like to take steps to alternative dispute resolution whether it be a therapist or a friend. If she's smart, she'll do the same.

If I could give my best guess, the hearings will be held separately for each individual.

Brendan

[aardvarc]

And yes, if your order is a NO CONTACT order, and not an order that only orders no further violence, then it violates the court's order if you go to therapy together. As far as the court is concerned, until the case is settled in any number of possible ways, the court's order over-rides ALL. That means no contact through third parties, smoke signals, ESP, astral projection, or ANY other means.