Articles Posted in Domestic Violence

A domestic violence arrest can have far-reaching consequences, as former Miami Dolphins wide receiver Chad Johnson has recently learned.

Fort Lauderdale criminal defense lawyers understand the situation dominoed for the professional football player after an argument with his wife earlier this month.

According to the Sun-Sentinel, he could be facing a misdemeanor domestic violence charge, though it will be the state attorney’s office that will decide whether to formally file charges.

Apparently, the pair were arguing because Johnson’s wife found a receipt for condoms in his vehicle. Broward police officials say that the verbal argument escalated, and that Johnson reportedly leaned over to his wife and head-butted her, causing her to suffer a three-inch gash on her forehead.

She reportedly fled to the home of a neighbor, who called 911. Interestingly, according to the New York Daily News, the neighbor requested that officers “keep it quiet” and “not to make a big scene,” as it involved a high-profile individual. Of course, requests like this almost always go unheeded.

The 34-year-old player was charged with simply battery domestic violence.

Once word made it to the media, the news went national – and the repercussions began. He at first released a statement saying that it was his wife who had head-butted him, and that he drove away to allow her to calm down.

However, she quickly refuted that and subsequently filed for divorce. Then, VH1 dropped a reality show about the pair, which was slated to debut in September. Then, the Miami Dolphins, who had just signed him for $925,000 a year, terminated his contract.

Though he has not been arrested since he began playing the sport professionally in 2001, he was arrested in college in connection with a domestic dispute.

This is an extreme example of how allegations can quickly affect almost every aspect of your life. Most of us don’t have pending reality shows or NFL contracts – but we do have jobs and children and family relationships that can all be damaged or even severed simply by the allegation. That’s why having an experienced lawyer on your side is so critical in these cases. It’s not just about your reputation, it’s about your freedom and your future.

This case, like so many other Fort Lauderdale domestic violence cases, hinges largely on one person’s word against another person’s word.

Simple battery is considered a first-degree misdemeanor under Florida law, which means it’s punishable by up to 1 year in jail, 1 year of probation and a $1,000 fine. The basic definition is that you intentionally touched or struck someone else against their will or that you intentionally caused bodily harm to another person. It can be something as minor as grabbing someone’s arm. It’s not necessary to the prosecution that the individual actually be injured, though it will bolster the case if the alleged victim does show physical signs of injury.

With domestic violence battery, which is defined as any battery committed against a spouse, family member, household member or someone with home you share a biological child, you face additional penalties. These include a mandatory minimum of five days in jail, completion of a 29-week batterers’ intervention program and you will be ineligible to have the arrest ever expunged or sealed.
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The arrest of a Florida corrections officer on charges that he battered his girlfriend, once again raises the issue of how an arrest – let alone a conviction – can mar a person’s reputation or destroy a career.

Fort Lauderdale criminal defense attorneys understand that this fact is one reason why domestic violence victims don’t come forward. However, it’s equally the case that spouses of those in law enforcement know how much such an allegation can hurt, and often use it as a form of revenge.

Because responding officers frequently feel compelled to take some form of action and they have little to go on except one person’s word against another person’s, domestic violence arrests are often made without a great deal of evidence. Police agencies want to relieve themselves of any liability if something more serious does occur later on, and therefore, someone is most likely going to jail.

Unfortunately, even if an alleged victim later tries to recant their story, a case can sometimes still move forward.

At the very least, a domestic violence arrest is going to put a law enforcement professional’s career on hold. At worst, it can end it. Having an experienced and aggressive defense lawyer is your best bet for a more favorable outcome.

False allegations most typically arise in situations where the couple is embroiled in a break-up or a situation of infidelity. Some men falsely accused of domestic violence may choose not to fight back because they feel it may be somehow deserved due to the way a relationship is ending. This is a mistake, however. Even being a jerk doesn’t make you a criminal, and a conviction on a charge of domestic violence is going to haunt you for the rest of your life – long after you’ve both moved on from one another.

For those in law enforcement or the military, it can mean the end of a career. For anyone convicted, it can me a revocation of their right to own firearms.

Other false allegations may stem from a situation of self-defense. For example, the female half may attack her boyfriend or husband, who then uses reasonable force to fend her off or protect himself. Police may use that as probable cause to arrest the husband. Medical reports, witness statements, physical evidence at the scene and peripheral circumstantial evidence can sometimes be used to combat allegations in these scenarios.

Another element that may work in your favor could be the consumption of alcohol by the alleged victim. It’s not always an effective defense, but there may be some cases in which it can be proven that an alleged victim’s testimony can’t be considered reliable, based on his or her consumption of alcohol or other substances at the time of the incident.

In the recent case of the Florida corrections officer’s arrest, the pair were reportedly staying at a hotel when they became engaged in a verbal argument. The girlfriend left the room and he later told deputies that he followed her.

The pair continued their argument outside. Witnesses said that when the victim attempted to walk away, the corrections officer reportedly yanked her arm to pull her back toward him. This allegedly caused bruising to her arm. She subsequently was able to walk away.

Nearby witnesses contacted police, who arrested the corrections officer on charges of domestic violence battery, as defined in FL Statute 741.28.
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A 21-year-old woman marked her milestone birthday with an arrest on charges of domestic violence against her mother, according to The Sun-Sentinel.

West Palm Beach defense lawyers understand that in fact, this incident is one of a growing number of domestic violence incidents throughout Palm Beach County, according to News Channel 5.

The details of this particular incident aren’t exactly clear, but from what we can glean from various media reports, the 21-year-old was celebrating her birthday when she reportedly became involved in an altercation with her mother. That fight at some point turned physical.

Police and emergency fire officials were called to the family’s residence around 2 a.m., where they found the defendant reportedly screaming and covered with blood. There was even blood smeared across the front door. Officers reported that as they tried to take her into custody, she punched and kicked at them, and subsequently cursed and spat at fire officials who attempted to treat her. They ultimately covered her face with a shield in an effort to protect them from her saliva and blood.

The woman, who is employed as a caregiver for an autistic child, said she does not remember the incident as described to her.

She was ordered held on $6,500 bond.

FL Statute 741.28 defines domestic violence as any form of assault or battery or stalking or kidnapping or sex offense that results in injury or death of one family or household member against another.

Often when we think of domestic violence offenses, we think of husbands beating their wives. However, the law is actually quite broad in its interpretation. It could mean a child against a parent – even if they aren’t living together – or it could mean girlfriends against boyfriends or it could mean a separated couple who has a child together.

Penalties are going to vary, depending on the specific details of the incident and the severity of the injuries. In this particular case, the woman is facing charges of domestic violence, as well as resisting an officer with violence.

Other recent domestic violence incidents in Palm Beach County include a fatal shooting earlier in June and a woman who was set on fire at a Boynton Beach gas station.

The Palm Beach County Sheriff’s Office is reporting a 10 percent increase in domestic violence calls over the last year. And when we look at victims of domestic violence who have sought shelter with the YWCA, there were about 445 between July 2009 and July 2010. But then last year, that figure jumped to 555.

Domestic violence advocates are blaming the economy. The stresses that come from being out-of-work can lead people to turn to drug and alcohol abuse, which can in turn lead to violence. In other cases, you have people who are simply not good at coping with the burdens that result from unemployment or underemployment, and they end up lashing out at those closest to them.

Whatever the reasons behind your arrest, contact an attorney with a proven record of success in defending domestic violence cases.
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A staffer for Florida Senator Marco Rubio was recently arrested and charged with a domestic violence incident in Fort Myers, leading to the man quitting his job, the Associated Press reports.

This incident brings up some key points for people who find themselves dealing with a Fort Lauderdale domestic violence incident. Fighting at home can be caused by excessive use of alcohol or abuse of drugs and can create major problems for both the aggressor an the victim.

Fort Lauderdale criminal defense attorneys recognize that while an arrest can be a difficult thing to defend when dealing with domestic violence, other aspects of this situation can be a problem as well.

What this refers to is a restraining order. Unfortunately, these are somewhat easy to obtain and can put a person labeled as an “aggressor” in these types of cases through the ringer. The Broward County Sheriff’s Office makes it clear that a restraining order is as easy to going to the courthouse with the proper paperwork between 8:30 a.m. and 5 p.m.

A temporary protective order is usually granted first. All that takes is for a person to convince a judge they are in some type of danger. These orders are temporary, but can cause major distractions while active. For couples who live together and have children together, these can cause parents to not be able to see their children or spouses or have to live somewhere else while the order is in place.

A violation of an order can be punished as a criminal offense, even if there is no initial criminal report taken by police officers or sheriff’s deputies. Florida Statutes 741.31, which governs domestic violence situations, tells residents how to obtain an injunction for protection against domestic violence.

But a temporary order is designed to be just that — temporary. Once that is ordered by a judge, the person it is against receives a copy and has the right to a hearing to contest it. It is strongly advised that this person gets legal representation.

Requesting a hearing is well within a person’s rights and he or she should ensure that an experienced Fort Lauderdale criminal defense lawyer is by his or her side at this type of hearing. A permanent order against a person can lead to him or her being shut out of their own home or being banned from seeing family members. A slip-up, even if unintentional, can lead to an arrest. It can be a slippery slope.

In the incident in Fort Myers, the regional director for Rubio in Southwest Florida resigned after initially being placed on administrative leave pending an investigation. Deputies went to the couple’s apartment after the man’s wife called 911 and then hung up. When they arrived, they found the woman’s elbow was swollen and bloody and she was visibly upset.

She told deputies her husband pushed her, causing her to fall on top of a carpet in the garage. He then allegedly rolled her into the carpet and kicked and punched it with her inside. She said she unrolled herself and confronted him. The man allegedly then pushed her against the wall, causing the elbow injury.

Deputies arrested the man at a nearby hotel and charged him with domestic violence battery, despite his wife not wishing to press charges and refusing to get medical treatment. The man’s attorney told the media the allegations are false and that the man and a witness whom she would not name can contradict the police report.
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It appears as though the domestic violence arrest of Miami Dolphins player Phillip Merling in Broward County will lead to another investigation. Now the Broward Sheriff’s Office is investigating why Miami Dolphins Player Phillip Merling received special treatment while at the Broward County Jail in Fort Lauderdale.
Miami Dolphins player Phillip Merling has been arrested and accused of beating his pregnant girlfriend and was given a $15,000.00 bond. Florida Statute 784.045 states that:

784.045 Aggravated battery.–

(1)(a) A person commits aggravated battery who, in committing battery:

1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

2. Uses a deadly weapon.

(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.

(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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The famous 20 year old R&B singer Chris Brown has pleaded guilty and publicly apologized for beating Rihanna back in February. Brown is expected to be sentenced to five years probation followed by six months of community labor. Although Chris Brown is expected to be permitted to serve his probation in his home state of Virginia, he will be required to return to California every three months to attend domestic violence classes.

These charges stem from an incident which occurred back in February of 2009. On February 8, 2009, Chris Brown was arrested for allegedly beating, choking, and biting Rihanna as he tried to push her out of a car.

Domestic Violence in Florida is defined by Florida Statute 741.28 as follows:

“Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

In Florida, if a person is found guilty of Domestic Violence the Court may sentence as follows:

If a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and the person has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 5 days in the county jail as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility. This section does not preclude the court from sentencing the person to probation, community control, or an additional period of incarceration.

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