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  1. #1
    Join Date
    May 2006
    Posts
    1

    Question Domestic Violence Battery Charge in Florida

    Please comment...

    My wife & I were in FL on VAC when we got into a verbal altercation. She began packing and telling me she was leaving me there (approx 500 miles from home). After a little more arguing about whether or not she was going to leave me, I took the car keys from her. In order to do so, I had to grab her wrist because she was flailing her arm around in an attempt to keep me from getting them. That was the ONLY physical contact and there were no threats or otherwise abusive activity. Regardless, there were "red marks" on her wrist and I was arrested for Battery / Domestic Violence.

    Also, on the police report the arresting officer wrote: "The victim states she does not wish contact with the defendant." She told me she never made that request.

    Now, the only other record I have is an Assault & Battery charge and a B&E from 18 years ago when I was 17 (yes, it's on my adult record).

    Do you feel:

    There's a possibility of getting the charges dropped?
    I have a shot at pleading Not Guilty and actually winning?


    Because of the "victim requests no contact" statement on the report, is it possible to suggest that if they added that without request, this arrest may have been mishandled?

    Any other advice you can offer is welcome as well. I go for my first court hearing WED.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: DV / Battery Charge in FL

    You should consider retaining a lawyer in the county where the charges are pending, to work on resolving the charge or trying to get it dismissed.

    From a legal perspective you had no right to grab her wrists, and should have backed off when she resisted your effort to do so.

    The police officer's notation on the police report will have no impact on your prosecution.

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