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  1. #1

    Default Domestic Battery by Strangulation

    My question involves criminal law for the state of: florida

    My boyfriend of 13 years got arrested for choking me the other night, i made the call. He has never been arrested for anything and is 40 years old. They are charging him with felony battery by strangulation i think it is drastic. he did three days in jail paid on a 25000 bond and now has a ankle bracelet on so he cant come to our home or see our child...i called states attorney today told her i wanted to drop charges told her all of this and said that he also has had a gaming license for 13 years and will lose his career and i dont want that to happen as we will be together and his child with me and two he pays child support for that are older will suffer...i told her alot of financial problems and his mother just dying have been issues.she said the victims advocate will be calling me tell her all this so she can document it and then she will make up her mind what to do....im hoping talking directly to states attorney will help...can someone tell me what they think will happen with this or what else i can do PLEASE HELP THIS IS HARSH AND AS I SAID NO ARRESTS EVER 13 YEARS GAMING CAREER 3 CHILDREN WHAT ELSE CAN I DO

  2. #2

    Default Re: Domestic Battery by Strangulation Questions

    please if anyone has any advice or knowledge pleasssseee answer to help me
    i have nothing else i can do but sit by this computer right now to hear from someone thanks

  3. #3
    Join Date
    Jul 2009
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    6

    Default Re: Domestic Battery by Strangulation Questions

    Quote Quoting ginamary1974
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    please if anyone has any advice or knowledge pleasssseee answer to help me
    i have nothing else i can do but sit by this computer right now to hear from someone thanks
    Well......Once you called the POLICE...thats all she wrote. Its up to the state to decide. Since he was charged with a FELONY....its highly unlikely to get dismissed. You must face that fact that BOTH of you are held responsible. My question to you is? Did he try to leave the home before it got physical? Or did he just "Go-Off" and strangled you?

  4. #4

    Default Re: Domestic Battery by Strangulation Questions

    Quote Quoting ginamary1974
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    My question involves criminal law for the state of: florida

    My boyfriend of 13 years got arrested for choking me the other night, i made the call.
    Once you report a crime, it's out of your hands - you become a witness. The police and courts have an obligation not only to you, but to everyone in society to investigate crimes, identify criminal activity, and respond accordingly. We're talking a felony here - one that had the potential to be fatal to you and to deprive your children of a parent. Don't count on it being dropped.

    He has never been arrested for anything and is 40 years old. They are charging him with felony battery by strangulation i think it is drastic.
    They don't just make up stuff to charge people with. If the actions as you described them meet the elements of the crime, that's what they'll charge him with.

    i called states attorney today told her i wanted to drop charges told her all of this and said that he also has had a gaming license for 13 years and will lose his career and i dont want that to happen
    First, the DA hears "I want to drop the charges" in more than 80% of cases of domestic violence. They are pros at letting it go in one ear and out the other. Regardless of what risk YOU are willing to put yourself in, they have a vested interest in dealing with the situation while it's still in a "violence" stage, as opposed to a "homicide" stage. When people panic and realize that they about to be in financial crisis because one party is in jail, they'll do just about anything, including inviting someone back into their home who has already committed violence against them. Financial dependency is a major factor in REPEAT domestic violence. So arguing that you need him to come home for support reasons actually works against you in the big picture - because the prosecutor is intimately aware of all of these dynamics and making that arguement really tells the prosecutor that you're more than willing to jump back into a potentially dangerous situation.

    Second, although his career and your family's financial security might be at risk, that's not a LEGAL issue pertinent to him committing a violent crime. Which sucks at a lot of levels, and will certainly bring on many obstacles and challenges for your family going forward, but this is only ANOTHER form of victimization caused by HIS actions and choices. The actual crime itself occurs quick, the very predictable OTHER fallout (job problems, money problems, visitation problems) manifests over a much longer time - but are all direct consequences of the crime.

    as we will be together and his child with me and two he pays child support for that are older will suffer...i told her alot of financial problems and his mother just dying have been issues.
    True, you are not the ONLY victim here. His decision to use violence will have an impact on other member of the family, including his children. But that doesn't impact that the state has an obligation to do its job by dealing with the crime that was reported to them. Violence isn't a legal reaction to whatever problems, financial, family, or otherwise he's having, even if the victim doesn't mind being battered or strangled.


    WHAT ELSE CAN I DO
    If children were home when this happened, be prepared for a visit from CPS on top of everything else. They tend to have a LOT of issues with someone who committed a physical, violent crime against the other parent with children around. They can (and often do) go so far as to keep the offending parent away from the children (usually making visitation supervised only, at least for a period of time, and usually until at least SOME type of counseling has been completed to the court's satisfaction) and making very clear that if there is a court order telling him to stay away from you and/or the children, and that order is violated, even with your consent, you can expect that the odds of the children being removed from the home will skyrocket, very quickly - in Florida this is called "failure to protect" and they show up at your door unannounced with a court order in hand and wisk them off. So under NO circumstances violate that order or be party to him violating the order, lest you loose the children to foster care followed by loosing him to jail/prison with an additional charge for violating the order. This is one of the biggest mistakes that people make - so keep in the forefront of your mind how VERY VERY bad this could get.

    In the meantime, you might want to familiarize yourself with the dynamics of abuse - see where you fall and what elements and risks are present in your relationship (and yes, there are some pretty hefty ones). Then evaluate how to move forward, keeping in mind that the only person you can control is YOU and how much MORE is at risk (not only physically, but for the ability to keep your children AND the financial risks) that you can't control should you decide to continue the relationship. Remember, no matter what YOU do, how this plays out isn't in your hands; it started with HIS decision to use violence, and how it ends up will depend at least in part on how HE reacts to it - if the charge gets pled down to a lower level, it will be very important that he obeys the court's orders, completes counseling or other tasks ordered by the court, and that the violence NEVER occurs again. The rest of it is out of BOTH of your hands and will depend on what happens in court, what charges are actually brought (after any plea possibility) and whether or not there's a conviction.

    If the charge goes to trial at the felony level and he's convicted, he'll be facing prison time and you'll need to be ready with a plan to keep your family afloat without him.

  5. #5
    Join Date
    Jul 2008
    Posts
    29

    Default Re: Domestic Battery by Strangulation

    Was it 911 you called? What did you/partner tell the police? Did the police take photos? Did you sign an statement when the police were there?

    These are the questions you or your boyfriend should be discussing with a lawyer to establish how strong a case the DA has. Then you can weigh whether a plea is in your best interests or taking it to jury trial (not a bench trial). Do not talk to a victim advocate without a lawyer imo.

    You can plead financial hardship to the victim witness advocate but that is unlikely to prevent the DA from moving forward if they have evidence. In general, the system will give you very little useful family help or support but it will expect you to be an active participant in the destruction of your family. It's best to get a lawyer asap.

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