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  1. #1
    Join Date
    Jan 2013
    Location
    Florida
    Posts
    1

    Default Obstructing Arrest Without Violence and Violating D.V. Injunction

    My question involves criminal law for the state of: Florida.

    Right before thanksgiving my wife and I had a fight and I said some mean things to her. There was never any violence between us and she even testified to that at the injunction hearing. She basically said she was afraid of me though. I was never arrested or charged for domestic violence. The Judge granted her the injunction. Well I spent the week feeling horrible and missing her and drinking my problems away. On Nov 30 2 deputies came to my door with the injunction and told me I had to vacate the premises. The problem is that I was well into a quart of vodka because I was missing her and knew I lost her and was almost in a blackout stage. I remember calling a friend to ask her to come get me. I dont remember much else as I was so drunk. I don't know what they said to them and barely remember what they were telling me.

    All that I know is that the room started spinning and I laid down on my bed. The next thing I know Im being yanked up off the bed and being placed in handcuffs. I woke up the next day in jail and when I bailed out I was told I was charged with violation of a injunction of protection for not vacating immediately and obstructing arrest without violence. The report added I refused to go to a store to wait for my ride. Well 3 days later like a idiot I leave her a 30 second drunken voice mail saying I loved her and I was sorry. Well the next day I was arrested again for violating the injunction.

    Now I am Charged with two counts of contempt of court for violating the injunction and one count of obstructing arrest without violence. All 1st degree misdemeanors punishable by one year in jail and a $1000.00 fine. I do not have a bad criminal record and have not been charged with domestic violence ever in my life. I do have one arrest for Aggravated assault with a firearm without the intent to kill but that charge was dropped and I was never prosecuted for it. The rest is minor traffic violations.

    I cannot afford a lawyer and have a public defender that I have not spoken with yet. I was told today that my court date is on Jan 31. So how screwed am I? Do I stand a chance of coming out of this without any jail time or is it inevitable that jail time will be required?

    If anyone can help me with this i would be entirely grateful.

    Yes I have quit drinking and have been attending AA.

    Thank you for reading this.

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

    Default Re: Obstructing Arrest Without Violence and Violating D.V. Injunction

    The best person to estimate the likely outcome of your case and whether or not jail time is likely to be involved is your lawyer. With the little information you've shared and your lack of memory of what happened, we're not in a good position to guess.

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