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  1. #1
    Join Date
    Dec 2012
    Location
    Panama City Beach, Florida, United States
    Posts
    3

    Question Domestic Violence Battery in Florida

    My question involves criminal law for the state of: Florida

    Hello and a thanks to ExpertLaw for creating these forums.

    I was recently charged with domestic violence battery. One week before the alleged incident me and my wife had an argument about her infidelity. Then three days before the incident she had decided to break up our marriage. I agree to her request to leave the house within three weeks and pack up my stuff.

    On the night of the incident, my neighbor had given me some art craft earrings. I went downtown and bought some flowers. My idea was to try to reconcile our marriage and hopefully restore our our relationship as we had before.

    During the time she had told me to leave, within those three weeks, I had been living on the beach, as I did not want to disturb her; I was also sharing with her the bathroom of our home and the car we both own together.

    When she finally arrived home on the night of the incident I had presented to her the flowers and and art work as a gift for reconciliation. Upon seeing the gifts, she became extremely belligerent and had advised me to leave and that I had no business doing anything there anymore. I asked her about those three weeks she had arranged with me and she denied it. She went to the bathroom and I explained to her that I would leave as long as I could have the car for the night to take my personal stuff to my moms house. Upon making the turn to enter the bathroom she punched me in the face and ran outside. She threaten to call her father to come to our house and "protect" her. I went outside and asked her that it would not be necessary to do so and that all I wanted was the car for one night.

    She promptly went back inside and locked the door. I explained to her once more that all I wanted were my documents, as I have citizenship paper, passports, SSN, and ID. I opened the door with my keys and upon entering the premise she put me on a choke-hold and I almost passed out. I told her that I would leave and upon leaving the house she again pushed me down the stairs of our house. Her father was approaching at that time and immediately started threatening to both kill and hurt me. I left the scene to buy beer at a gas station. My mom called me and told me that they wanted to her motorcycle key back so I obliged and returned the key to them and made a childish remark: "Check me in the obituaries tomorrow."

    I drank approximately 0.5 Fl. OZ. of ONE beer our of a six pack, so approximately a sip. One block down the road the officer came by and promptly arrested me without wanting to know my side of the story. In the report it was mentioned shed had no bruised or anything of that nature; however I had gashes in my head and knees.

    Additional: She is a black belt in martial arts. Has a short fuse. A lied on the report saying that I "shoved" her. --> At no point in the argument I have touch or stricken her.
    She also filed an Affidavid to Drop the charges and I filed for a divorce.

    What are my chances of having this case dropped? I know that statistically speaking it is nearly impossible to predict such outcome, but all I want is some insights as to where this is all heading. I plead NOT GUILTY and I have a pre-trial within a week.

    --> This is my first offense.
    --> I go to a university and I am afraid I might lose my scholarship.
    --> There were no witness besides me and her.
    --> I did 3 days in a facility after being Baker Acted.
    --> She is moving to another state in the end of December.

    Any answer will help. Thank you all in advance.

  2. #2
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: Domestic Violence Battery in Florida

    Point of curiosity; What were you Baker-acted for?

    Could be very relevant. You really should've passed on the beer run and called the Law yourself after she kicked your butt.

  3. #3

    Default Re: Domestic Violence Battery in Florida

    I left the scene to buy beer at a gas station.
    Really? Gashed in the head, and your first stop is for beer? Didn't occur to you to contact authorities BEFORE drinking?


    made a childish remark: "Check me in the obituaries tomorrow."
    Most people aren't going to call that a childish remark - they're going to take that as a threat that you're intending to harm or kill yourself - and if you're walking around drinking a beer while bleeding from the head, rather than tending the wound(s) or reporting the assault against you, then yeah, law enforcement is going to figure that things aren't right with you and give you a ride to 72 hours of quiet time.

    Where the case goes from here is entirely up to the prosecutor. They could push it, they could drop it. If the victim has indicated that they'd prefer to move on rather than participate in the process, and especially if this is a first offense, the state may be willing to let it drop.

  4. #4
    Join Date
    Dec 2012
    Location
    Panama City Beach, Florida, United States
    Posts
    3

    Default Re: Domestic Violence Battery in Florida

    Quote Quoting souperdave
    View Post
    Point of curiosity; What were you Baker-acted for?

    Could be very relevant. You really should've passed on the beer run and called the Law yourself after she kicked your butt.
    I mentioned that I would kill myself.

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