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  1. #1
    Join Date
    Oct 2014
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    3

    Default Charged With Domestic Violence Against an Adult Sister

    My question involves criminal law for the state of: Florida

    My boyfriend and I have moved back into my mothers house since coming back from Tampa 6 months ago. This is the house where my older sister lives at home as well. I am 24 and she is 27. She is on probation for about 5 felony charges including serious drug charges along with violations of her probation. She is mentally unstable and is a bully to everyone in the home. She has just claimed a work comp from her waitressing job and had shoulder surgery a month ago. I work and go to school full time so after coming home from work (friday night) I had washed clothes and put them still wet and clean into dryer where i forgot to turn it on due to i was rushing to finish school homework. I later found my still wet clothes thrown onto the dirty floor. I took her clothes from dyer and nicely placed them on TOP of dryer and put my stuff back in. 20 minutes later i walked in laundry room to see her once again ripping my clothes from dyer and throwing them on the floor. I then grabbed MY property from her hands and she then punched me. At that point because it is such a small laundry room and i weigh about 110 lbs versus her 200+ lbs and her abusive behavior i proceeded to fight back in self defense (she has always viciously attacked me before my whole family knows this) by grabbing her and keeping her head down by my waist until my mom arrived to help. My boyfriend had seen the whole thing from start to finish. When my mom came in i had to physically rip her away from me to where she then slipped on my clothes and fell. She then proceeded to get back up and attack me again! Which at this point my boyfriend and mother saw. Once i got her away from me the second time she took my phone which was on the washer and threw it against the wall completely shattering it even cracking the case it was in. After all the chaos she went to her room and slept, and i went to my room and did homework. The next day (saturday) she got a ride to the hospital (she has no license either) because she said that her shoulder was hurting again that she had surgery on a month prior all this and that if anything is wrong with it she needed it documented for her work comp stuff. At the hospital she or the Dr. called the police where they took a statement from her. She told them that I was the one who attacked her which is not surprising. The cops came to my moms to "question me and get my side of the story or physical evidence" which I sustained bruises and scratch marks. However i was not home and made arrangements with the sheriffs that we would all meet back at my mothers at 6 pm. They never showed back up and i even called the sheriffs station to tell them i was home and to send somebody because i wanted to tell them my side and to show them what she had done to me! No shows all night until sunday morning where they handcuffed me and took me to jail on a "warrant." Also after i was cuffed and driven down the end of my road where we then pulled off the side for FIVE minutes until they got a "confirmation" of warrant for me. Then they proceeded to drive to the jail. They did not even know 100% to arrest me before they did!? I was held overnight on no bond for misdemeanor domestic battery touch/strike. I was held until first appearance and was released on "pretrial supervision" which i had no say in. Nor did i know what that was being a good person all my life and this was my first offence. I must do weekly calls and meet a officer on the 30th until court is resolved. Oh and my sister also showed up at my first appearance and was telling the state attorney and judge she never even wanted me arrested that she just wanted to cover her own butt for work comp. Also the case report i got said that my sister, the "victim" had "sustained MINOR scratches to left lip, chin, and upper arm." How can somebody who is a decent person that is a petite woman can be charged as a brutal assault-ant towards a two times bigger person who has a severe dent in the justice system? How can they charge me or at least book me on battery charges ONLY based off of what she has said. Isn't this strictly he said- she said that i hit her? No cops no witnesses (that they will use) also no IMMEDIATE medical emergency that clearly it waited a whole night and part of the next day to go to the ER. Couldn't she have scratched herself? I mean how can any of this be probable cause to issue a warrant? Also how can somebody walk into a hospital and say so and so attacked me go arrest them. And they WILL. No questions asked! I have court on November 4th or an arraignment but why was i never allowed to show what she did to me or make my statement. I have a public defender, now that the state has picked up the case what are the chances of it being dismissed. I was to start hospital clinicals for school in January which i will be dismissed from my program because they will refuse anyone who has a criminal charge whether it has been "dismissed or dropped." She has ruined my life and future goals all because she already ruined hers and has a vendetta against me. Any body been through ANYTHING as crazy as this before? i have completely lost faith in the justice system. I will plea not guilty but why should I have to go to court over a POOR investigation due to the local "cops."

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Sister Dv

    Why should the local cops face much greater consequences if they refused to arrest someone who was - as far as they were concerned - a possible danger to someone else?

    Initially at least, it's your word versus her word. It's also disingenuous to infer that a smaller woman such as yourself cannot commit domestic violence. What you need to do now is speak to your attorney and only to your attorney.

    Standby though - others with far more knowledge and experience will surely answer, too.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sister Dv

    The cops came to my moms to "question me and get my side of the story or physical evidence" which I sustained bruises and scratch marks.
    you seem to have left out a very large part of the story. When the cops came they would have interviewed anybody at the home that was a witness to the incident. It was likely from those interviews and the plaintiff's rendition that it was determined there was probable cause to charge you.


    I suggest you stop talking to anybody, including your boyfriend and mother, about this. They are witnesses. Attempting to persuade them to testify any particular way is witness tampering.



    and yes, a small person can be guilty of assault

  4. #4
    Join Date
    Oct 2014
    Posts
    3

    Default Re: Sister Dv

    My boyfriend can not be a witness because he is in fact my boyfriend. My mother did not see the beginning of the altercation and the female cop who smoke with her yes did talk to her but didn't write anything down. My mom in fact told the cop of the "victims" mental issues and I am ALWAYS defending myself against her as is everyone in the home. There are no actual witnesses that said I beat her. So like I said this is all based off of her word. The police did not do a proper investigation but not questioning me or seeing me and just issuing a warrant as if I declined to speak to them. Yes I know anybody can can assault another regardless of size but common sence says this is CRAP that this little nice girl purposly went out of her way to attack the bigger one who has a record of being a problem in the county. Just saying!

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sister Dv

    66mustang;842270]My boyfriend can not be a witness because he is in fact my boyfriend.
    what? Why do you believe he would be precluded from being a witness?


    whatever the reason you think; you are wrong





    My mother did not see the beginning of the altercation and the female cop who smoke with her yes did talk to her but didn't write anything down.
    didn't write anything down, while in her presence but he did interview her.
    common sence says this is CRAP that this little nice girl purposly went out of her way to attack the bigger one
    JI have known a bunch of small guys that did exactly that. They felt they had something to prove. Regardless, your size is irrelevant to the charges.

  6. #6
    Join Date
    Oct 2014
    Posts
    3

    Default Re: Sister Dv

    Everything else OK but they would not let my boyfriend write a statement because he is my boyfriend and I quote the officer "will always take my side and or lie for me" therefore "not credible." Regardless when WOULD myself or anybody be able to tell my side because as of now it seems like they don't need to know "I attacked her" and that's it kind of an attitude with the county.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sister Dv

    that is different than claiming he can't be a witness. He can be a witness. It is simply whether they choose to use him as a witness.


    and while a lot of people may be less than honest when talking to a cop, when they are on the witness stand things are a bit different.

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