[idonotlikepigs]

My question involves criminal law for the state of: Florida

My g/f and I went out and she got way too drunk. I carried her out of the bar and got her home. She's a light-weight and I beleived she had alcohol poisoning. As I was getting her out of the car she puked all over me and her and we fell to the ground. I wrestled with her to get her on my back and we made our way inside. I attempted to uncloth her and give her a bath. Suddenly, I hear a beating at the door. I open the door and 3 or 4 cops standing there. I walk outside and they immediately put me in handcuffs and tell me I'm being detained. I cursed and so on. They carry me off to the back of the car. It turns out the people that live across the street called the cops and told them they saw me hit her in the face. When the cops attempted to get a written report from the caller they wouldn't give one. There was never a fight, nothing ever happend but yet I got taken to jail for domestic battery and now there's a no-contact order against me. I want to go home badly but not sure? Will they patrol? What if they both our cars there? They can't come inside can they? My g/f is going to be in court to explain what happend. Ends up, the ambulance takes my g/f to the hospital for alcohol poisoning and takes me to jail. I would have never opened the door for those bastards if it was going to go like this. I just basically wanted to know how the cops patrolled these no-contact orders? Is it like a search warrant? The cops didn't even take pictures of my g/f's face where I supposedly hit her, but ofcourse there's no bruise. Need help in FL....please help...... ;(

[aardvarc]

My question involves criminal law for the state of: Florida

My g/f and I went out and she got way too drunk. I carried her out of the bar and got her home. She's a light-weight and I beleived she had alcohol poisoning.

The problems here started before you got her home. Since alcohol poisoning is potentially life threatening, why not just call an ambulance to the bar, instead of carrying her around - or at least drive right to a hospital instead of home? Admitting that you believed she was in a possibly life threatening situation, yet not seeking medical care could have put you in a much worse situation than you're in now if coma or death had ensued. Thank your lucky stars. In any case, now that she's sober, she might consult an attorney about a case against the bar/server. She should have been cut off way before she had to be carried out. Next, forcibly carrying a person away from a location when they are not able to consent to leaving could be criminally charged as false imprisonment in Florida (see 787.02) - sounds way out in left field I know....yet...since this is one of the many crimes that can fall under the umbrella of domestic violence in Florida, it's not out of the question that this is the basis for the charge, and NOT necessarily the statement from the neighbor about a hit to the face.

As I was getting her out of the car she puked all over me and her and we fell to the ground. I wrestled with her to get her on my back and we made our way inside. I attempted to uncloth her and give her a bath. Suddenly, I hear a beating at the door. I open the door and 3 or 4 cops standing there. I walk outside and they immediately put me in handcuffs and tell me I'm being detained. I cursed and so on. They carry me off to the back of the car. It turns out the people that live across the street called the cops and told them they saw me hit her in the face.

You're falling on the ground and wrestling with her - sounds like the neighbors made a valid complaint about a possible domestic based on what they witnessed. Yes, they may have gotten the facts wrong, but it isn't NORMAL for a guy to be dragging an un-or-semi-conscious girl around and it certainly bore investigation. Might have even saved her life. I can only imagine what the cops must have thought - if you look at it from their standpoint - they've got a report of you wrestling with her, dragging her into the house, and they arrive to find you trying to undress her - conclusions are BOUND to be drawn (particularly since she was in no shape to give consent to any of what was happening to her, and you being her BF is irrelevent).

When the cops attempted to get a written report from the caller they wouldn't give one.

Still, prosecutors will have their statements given in the 911 call, and can still subpoena them to appear and give testimony at any proceeding. Dunno why people think that not giving a statement means they're out of the loop, but if this case progresses, you probably haven't seen the last of the neighbors.

There was never a fight, nothing ever happend but yet I got taken to jail for domestic battery and now there's a no-contact order against me.

Despite the name, domestic violence charges aren't all about hitting. It is, particularly in Florida, a wide charge that OFTEN includes, but isn't REQUIRED to include an obviously violent element. For example, blocking an exit to prevent someone from leaving, or pulling the phone out of the jack so they can't call 911 are not in and of themselves violent acts directly against a person, yet, both of these would result in domestic violence charges. As noted above, it's possible that the false imprisonment situation played into the charges, but it's hard to say without reading the officer's narrative.

I want to go home badly but not sure? Will they patrol? What if they both our cars there? They can't come inside can they? My g/f is going to be in court to explain what happend.

Don't even consider this. Regardless of how innocent you might have been up until now, violating that order will make the situation MUCH worse. Will they patrol? Maybe, maybe not. Is there anything to make you think that the neighbors who summoned police once already will suddenly start minding their own business? As you are painfully aware, all it takes is a call to start the ball rolling. And if they have reason to believe that someone could be in danger, yes, you could find police with guns drawn standing in your living room - they've got a history of domestic violence at the location now AND a restraining order in place - so find somewhere ELSE to be until your GF gets in front of a judge about the no-contact order - but remember that her testimony isn't going to carry much weight - the memory of someone so drunk that they can't walk will take back seat to the testimony of sober witnesses. Hie thee to a good defense attorney ASAP.

Ends up, the ambulance takes my g/f to the hospital for alcohol poisoning and takes me to jail. I would have never opened the door for those bastards if it was going to go like this.

Wouldn't have mattered - any report of an unconscious or otherwise disabled person seen getting picked up and taken inside is more than enough probable cause for forceable entry. The only place you take someone that non-functional is to a medical facility. Ever. Period.

I just basically wanted to know how the cops patrolled these no-contact orders? Is it like a search warrant?

Some officers could care less, unless the complaintant calls for assistance, while others enjoy the game of the hunt (and the kudo-statistic of the officer-initiated arrest if they catch you). Depends on the cop(s) on duty on any given shift, in any different city, their mood, how busy they are, etc. - in other words, unpredictable.