Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Domestic Violence Injunction Attorney Brings About Dismissal Through Negotiation

Category: Domestic Violence

The Client was exhibiting manic behavior that terrified his wife. According to the petition, the client was discussing purchasing firearms. He had also been placed in the Baylife Crisis Unit for a bi-polar disorder. It was clear that he was unable to understand his own mental illness. Intense negotiations began discussing how we might satisfy the petitioner (wife) that her husband was lucid and control of his behavior. After investigating the facts of the case we determined that the allegation involving the purchase of firearms was false. However, the petition certainly contained facts which were problematic for the client.

It was clear that the only avenue to a dismissal of the injunction was through the Peititioner (wife). Many times trial is the only option because the two sides are at an impasse, and emotions are running high. Here, the wife agreed to voluntarily dismiss her injunction if her husband would agree to receive counseling and continue his medication. Her demands were met and she agreed to dismiss the injunction.

Negotiating with the Petitioner is very advantageous under certain circumstances. If handled the right way it can bring about a dismissal.

To find out more about domestic violence injunctions call us at 813-228-7095 or link to us at tampa criminal attorney.

Criminal Attorney in Tampa discusses Dismissal of Battery Charge Against Security Guard

Category: Recent Wins

The client operated a security company that was employed to secure an apartment complex at 302 Tinsley Circle in north Tampa. He retired from the Hillsborough County Sheriff's office and had an extensive background in law enforcement. Earlier this month, at around 8 pm, our client was confronted by an unknown Hispanic male in the parking lot of the apartment complex. The unknown male acknowledged he didn't live in one of the apartments and refused to give his name. When our client (defendant) asked the unknown male to leave the complex he moved towards him. The client pushed him away. Police arrived on scene and took statements.

Many times police are unsure about making an arrest. When they are unsure whether they have probable cause to arrest the police can collect witness statements and other evidence and supply it to the State Attorney's Office. Once they receive the evidence the prosecutor can evaluate the facts and decide on whether to file a criminal charge. In this case the state attorney filed a battery charge against our client. It is always beneficial to contact a criminal attorney as soon as possible. Many times it is easier to resolve a criminal charge before it is filed as opposed to after the State Attorney makes a formal filing decision. The prosecution had already filed a battery charge when the client retained our office.

In this case, we set the client's case for trial. The State Attorney was unable to move forward and the charge was dismissed. If you need more information about the criminal offense of battery or domestic battery you can reach us at 813-228-7095 or link to us at tampa criminal attorney.

Tampa Criminal Attorney Discusses Dismissal of Child Abuse and Domestic Violence Charges

Category: Recent Wins

A recent case involving a client suffering from post-traumatic stress disorder was dismissed after the State examined the underlying facts. According to law enforcement our client pushed his wife against the wall and grabbed her by the upper arms after a verbal argument over other family members. The mother/victim fled the scene with their 15-month-old baby. The police claim that the client then jumped on the vehicle and opened the driver side door and ripped his wife's purse from her in an attempt to get her keys.

Child protective services were called to investigate, and the police forwarded a report to the state attorney's office to determine if domestic battery charges should be filed against the client. We were retained by the client and began our defense of the case. No child abuse charges were filed, and after discussing the circumstances surrounding the domestic battery charge with the State Attorney they were also "No Filed".

For more informaiton on Domestic Violence or Child Abuse call us at 813-228-7095 or link to our website at TampaDefenseAttorney.com.

Tampa Domestic Violence Lawyer Pushes State Attorney to Dismiss Charges in Clearwater

Category: Domestic Violence

Our client went out with his daughter and his son-in-law to dinner. After having a number of drinks both he and his daughter engaged in a verbal altercation that escalated to physical violence. After they got home his daughter insisted on taking the car. Her father (our client) refused to let her have the keys. When the daughter tried to start the car her father reached in and took them out of her hands. The fight continued in the home when the father struck his daughter in an attempt to get the keys. When the police arrived they interviewed all the parties. They chose to arrest the father. During our representation the daughter (victim) was willing to acknowledge that she was the aggressor, but it did not deter the Clearwater Prosecutor from pursuing the charge to trial. He claimed he could prove the case with the testimony of an independent witness that called 911 that night. We requested the 911 tape in discovery. The caller was unable to adequately identify the father as the person who struck the victim while she was in the car.

We told the prosecutor we were happy to take the case to trial. On the morning of trial the prosecutor offered the client a plea to the lesser of disorderly conduct. We rejected it. The prosecutor talked to his supervisor, and the case was dismissed. Domestic violence charges follow the same pattern whether they occur in Clearwater, Tampa, or anywhere else. There are numerous obstacles every prosecutor must overcome before they can successfully prosecute domestic violence charges.

To learn more about the questionable tactics some criminal attorneys use to advance domestic violence charges in tampa or anywhere else call us at 813-228-7095 or link to us at tampa criminal attorney.

Domestic Violence Attorney in Tampa: Making a Mountain out of a Molehill

Category: Domestic Violence

Domestic violence is a serious crime. It should be prosecuted whenever someone chooses to use force to settle a dispute with someone else. However, there are times when the force is so slight it does not warrant the involvement of the police or state attorney's office. Many times it is the vicious nature of the verbal argument that has more to do with the 911 phone call than the actual contact. In other words, the police are used to win the argument, rather than prevent further violence.

We recently defended a man for poking his wife's chest during an argument. There was no injury, and the event was isolated. The charge was eventually dismissed, but that did not prevent the client from being arrested and incarcerated in Tampa's county jail. The threat of prosecution also forced him to hire our office.

Unfortunately, when the police leave the scene of a domestic incident without making an arrest they have concerns about the actions of both parties after they are gone. However, if one of the parties goes to jail the potential for further violence is eliminated. But what if police arrest the wrong person. Everyone involved in the rest of the process has to be convinced of the mistake before the charges will be dismissed or dropped. The political nature of this type of charge cannot be understated. Everybody involved in the prosecution of a domestic violence charge have an interest in avoiding the appearance of looking soft on domestic violence. Regrettably, even a domestic violence charge that involves minor contact can have a long-lasting impact on someone's future. The situation is magnified when the victim files a domestic violence injunction against the defendant. A minor incident turns into major incident in a hurry and legal representation becomes critical.

To find out the proper steps to take when defending against a domestic violence charge call our office at 813-228-7095 or link to tampa criminal attorney.

Tampa Domestic Violence Attorney: Weighing the Options Short of Trial

Category: Domestic Violence

I have been involved in defending the falsely accused in Tampa and the outer lying counties for over 15 years. Justifiably, most people who have been falsely accused carry a tremendous amount of anger. They typically have a desire, born out of principal, which pushes them toward trial. A trial is the only thing that will settle the dispute because it is the only way the accuser can be exposed. On the surface, this mentality may sound more like "an eye for an eye", but in reality this approach is somewhat necessary. Is there a part of almost every person who has been falsely accused that wants the accuser to feel what they have felt, and want it to play out in a public forum? Absolutely. When you consider the suffering a false arrest creates its hard to disagree. Make no bones about it; even a false arrest for a minor criminal offense is an attempt by the accuser to destroy the defendant's life in some way.

The Fallout of the False Arrest

For no reason at all you are taken into custody, and incarcerated at the local jail. This public embarrassment is a very painful attack on anyone's character. The arrest can also affect your employment in both the short and long term. Worst of all is the threat of possible punishment.

For anyone who has been falsely accused exoneration in a public forum is the closest thing to restoring his or her former life. Why? It removes all of the fallout that comes with a criminal conviction. When a Hollywood actor is libeled in a publication, they sometimes pursue the litigation to trial despite receiving a large settlement offer prior to trial. It's worth it to the actor to send the message to others that they will "stop at nothing" to punish the party responsible for the false accusations. In the end, the message is more important than the money. On a much smaller scale, you see a similar scenario play out when a criminal client is made a terrific offer on very serious criminal charges. Sometimes the answer is "no thanks". Why should anyone agree to an intervention program when they did nothing wrong?

Exoneration in a public forum to some degree does a number of things for the defendant. First, it restores their character in the public's eye. When the defendant is found "Not Guilty" in a public forum, it sends a message that the charges were false. The threat to the defendant's future is also, in large part, wiped away. If acquitted, the threat of punishment through incarceration or probation is also removed.

The process (jury trial) of restoring the character of the falsely accused can mean pointing a finger and exposing the accuser as a liar. However, for many of the falsely accused their character is only restored to the extent their accuser is exposed as a liar. Most lawyers (not just criminal) appreciate this mindset. I only wish the trial was as embarrassing for the accuser as it was for the defendant when he or she was arrested for the wrong reasons. If it was it might create a better deterrent to those who would waste the court's time and the taxpayer's dollars with frivolous charges.

All the above being said, it is important to realize that while our justice system is the best in the world, it is not perfect. In a recent case we represented a client who was accused of domestic battery in Tampa. Shortly after his girlfriend had him incarcerated for domestic battery she filed a domestic violence injunction against him. All the allegations were frivolous. We believe she was using the criminal charge and the injunction as a weapon to force our client to change. After hearing the facts of the case it was obvious that he didn't need to change, she did. Using the court system to affect someone else's behavior seems far-fetched. Unfortunately, this conduct is not uncommon.

When Trial is Not the Answer (Even for the Falsely Accused)

The boyfriend's first reaction was to force the injunction and the battery charge to trial (After discussions with the prosecutor the domestic battery charge was eventually "no filed" or dismissed by the prosecutor). He had been through a lot, and he was not interested in making the process any easier for her. After discussions with the girlfriend's lawyer, we arranged a resolution that involved avoiding the trial, and resulted in a dismissal of the injunction. Why was negotiation the better alternative, even after all the client had gone through? In a word, it "guaranteed" a result. It was less costly and took less time, but more importantly, the dismissal of the injunction through negotiation assured us that the injunction would be dismissed. We have great judges in Tampa, but it would be stupid to force any judge to weigh facts in a case at trial if you could guarantee a dismissal short of trial. When the victim is going to lie and refuse to cooperate, then you must go to trial. However, there are times when removing the "human factor" (judge or jury) out of the equation and creating a definite result is the far better tact.

When Trial is the Only Option

We represented another client whose former girlfriend was so unbalanced that even after petitioning the court for a domestic violence injunction and losing she insisted on pursuing the battery charge to trial. As is often the case the domestic violence injunction and the battery charge involved the same allegations. While preparing the case for trial the client provided us with a tape of an angry phone call from (petitioner/victim) her shortly before her arrival at his home on the night of the incident. She threatened to break into his home if he wasn't there. She also threatened in another message that, "We will not break-up tonight". The taped phone calls would embarrass and humiliate most people, and clearly proved she was in an angered state shortly before their altercation. She petitioned the Plant City Court for a domestic violence injunction. The tape was played and the judge dismissed the injunction.

Amazingly, it didn't stop her from pursuing the domestic battery charge in front of Judge Nazaretian in our Domestic Violence Court in Tampa. The tape was played again, and the client was found "not guilty". The victim in this case was so vindictive about the breakup she refused to act reasonably. She was going to pursue the false allegations even if it meant lying under oath more than once.

In both of the above instances you have a so-called victim abusing our court system. Each one requires a different approach. If you are interested in learning more about domestic violence link to us at tampa criminal attorney or call us at 813-228-7095.

Tampa Domestic Violence Attorney: Consider Your Own Conduct Before Calling Police

Category: Domestic Violence

A recent client was pulled into an altercation with his wife. The altercation led the wife to make a 911 call. The police showed up and took statements from both the husband and wife. Each filed a cross-complaint against the other. At the scene the husband was arrested and taken to jail. We contacted the State's Attorney about the husband's involvement and asked for a dismissal of the charge. Meanwhile, the wife filed an injunction preventing her husband from returning to the home. Negotiations were entered into and the wife ultimately agreed to dismiss her domestic violence injunction against her husband (our client). During a hearing on the husband's criminal charge the State Attorney announced he was dropping the charge against our client. The husband's cross-complaint against his wife was still under investigation by the State's Attorney at the time of the hearing.

At the time of the alleged incident the wife/mother had both children in the home. We believe the children's presence prompted law enforcement's decision to arrest the husband instead of his wife. It is important to realize that while you may appear innocent and deemed the victim at the scene it does not mean that you cannot end up the defendant at a later point in time. The prosecutor makes the ultimate filing decision on every criminal charge that comes through their office.

To learn more from a tampa domestic violence attorney you can call us at 813-228-7095 or link to us at tampa criminal attorney.

Tampa Domestic Violence Attorney: Disorderly Conduct Requires More than a Bad Attitude

Category: Domestic Violence

A recent case out of the Second DCA reminds us that yelling profanities at police, while very stupid, does not constitute a crime. Some juveniles poured out onto the street shortly after a dance at the Boy's Club in Lakeland. One young girl was asked to disperse by law enforcement. When she refused the police officer grabbed her. She pulled away, and was eventually arrested. The officer arrested her for disorderly conduct and resisting without violence.

The Court ruled that commit disorderly conduct by words alone the evidence must show that the words caused a crowd to gather which caused a safety concerns, or that the words incited the crowd to engage in an "immediate breach of the peace". No evidence introduced at trial indicated the actions of the juvenile caused the crowd to gather, or resulted in other juveniles fighting. The court reversed the conviction of both the disorderly conduct and the resisting arrest charge. If the officer had no grounds to arrest the juvenile for disorderly conduct then he was not engaged in a lawful duty when she pulled away (resisted arrest). C.N. v. State, 2nd DCA.

To learn more about crimes of violence or domestic violence link to tampa criminal attorney or call us at 813-228-7095.

Tampa Domestic Violence Attorney: False Imprisonment and Battery Charge Dropped Once Victim Exposed

Category: Domestic Violence

Every criminal lawyer is familiar with the prosecutor that puts too much faith in his victim's credibility. Some victims especially those romantically involved with a defendant will go to incredible lengths to get what they want. Sometimes the court system is a method by which they believe they can get their boyfriend or husband to behave a certain way: "If he knows I can have him arrested he will start responding to me the right way". On the other hand, sometimes pure vindictiveness leads to criminal charges.

In a recent case our client was engaged in some behavior that his girlfriend didn't like. She told him that she was going to call the police if he didn't stop. An argument ensued and the police showed up. The client was charged with False Imprisonment and domestic battery. During depositions (sworn statement) the victim admitted that she destroyed the defendant's clothes and other property during their altercation. She also admitted to provoking our client, and misrepresenting a number of other facts. Shortly after depositions both the False Imprisonment and Battery charge were dismissed.

To learn more about domestic violence in tampa link to tampa criminal attorney or call us at 813-228-7095.

Tampa Injunction Attorney talks about the Risk of Self-Representation or the Pro Se Respondent

Category: Domestic Violence

We are currently engaged in the representation of another client who made the terrible mistake of representing himself at his domestic violence injunction hearing. He walked into the injunction hearing with the mindset that, "This isn't that big of a deal. It's not a criminal offense. I did nothing wrong, and never threatened my girlfriend. My justice system (the judge) will figure this out and DISMISS the injunction because my girlfriend is lying". As I mentioned these ideas to the client at a recent office meeting he nodded his head, and said, "That's exactly what I thought".

There are only two scenarios that warrant a respondent (defendant to a petition for an injunction) moving forward at an injunction hearing on his or her own.

First, your economic situation prevents you from retaining an attorney experienced in the area of domestic violence injunctions. Many people cannot afford to retain legal counsel in today's economy. If you cannot afford the services of an experienced attorney I would suggest calling Bay Area Legal Services.

Second, you truly do not care about the outcome of the hearing. In other words, you are willing to let the judge enter the injunction against you knowing all the repercussions that flow from having an injunction imposed against you. The following are just a few:

1) If the Petitioner is motivated by revenge, you must endure the precarious and uncertain feeling of being unaware whether the petitioner will call police in an effort to have you arrested for violating the injunction. Violating a domestic violence injunction can result in jail or prison (depending on the nature of the violation).

2) If you believe your spouse or the parent of your child is filing the injunction to gain an advantage in a custody battle IT IS ABSOLUTELY CRITICAL that you retain legal counsel. The entry of a Domestic Violence Injunction or a Sexual Violence Injunction will have a tremendous impact on your ability to receive the appropriate time sharing with your child.

3) The entry of the injunction is public record. Anyone conducting a background check could find it on the Clerk's website in Tampa. It cannot be removed through the sealing or expungement process.

4) The stigma of being labeled a violent person.

5) Mandatory domestic violence classes (if you refuse to complete them you could be found in contempt of court)

6) Lose right to possess a firearm

7) Lose the ability to seek employment in a law enforcement capacity. It is necessary to carry a firearm to be employed as a law enforcement officer.

If you are willing to accept the consequences listed above then there is probably no reason to even have a hearing in the first place. Just tell the judge you have no objection to the entry of the injunction.

On the other hand, if you want to fight the injunction and you have the financial means to hire an attorney I would strongly suggest retaining an experienced Tampa injunction attorney to handle your case. We handle too many cases by client's who failed to recognize the seriousness of the hearing they were about to participate in. I do not mean to suggest that the entry of an injunction cannot be undone. It can. However, that road is much longer and costlier than retaining legal counsel prior to the initial hearing.

To learn more contact us at 813-228-7095 or link to us at Tampa Injunction Lawyer.

Child Protective Services and the Domestic Relations Court

Category: Domestic Violence

If you have been arrested for a charge involving domestic violence it is critical that you contact a criminal attorney as soon as possible. If the facts and circumstances surrounding your case involve children contacting a Tampa domestic violence attorney with experience in dealing with not only the prosecutor's office, but also child protective services is essential.

Most child protective investigators will coerce the mother into pursuing a domestic violence injunction against the father. Their standard line to the mother is, "If you don't pursue a domestic violence injunction against your husband we are taking your children to foster care". This threat creates great stress in the mother who wants to reconcile with her husband, but doesn't want to lose her children. Navigating your way through this minefield (Child Protective Services and the Criminal Courts)isn't easy, but it can be done.

Contact us at 813-228-7095 or link to us at Tampa Criminal Attorney.

Domestic Violence Nightmare Over

Category: Domestic Violence

FACTS: After client finds out his wife is cheating on him he pulls out a gun and threatens to kill himself. He continues to argue with wife and then fires one round into the ground. He quickly throws the gun away, and it appears the parties reconcile. The wife continues her relationship with the "other man" and client finds out about her infidelity. While at home with his wife the "other man" continued to call police claiming the wife was being abused by the husband. The police reported to the client's home and confronted the wife. The client and his wife were separated by police officers before they gave a statement. According to the wife she was coerced by Tampa Police to state that she was falsely imprisoned by her husband in her home. The client was arrested for false imprisonment, and taken to jail. The client bonded out of jail and went home. He was then served with a domestic violence injunction, and was forced to leave the home.

After discussions with the State Attorney the false imprisonment charge was dropped (dismissed). Unfortunately, the client came home after his wife convinced him it was permissible. The client failed to call us and was under the false impression that the wife (petitioner) had the authority to allow her husband (respondent) back to the home in violation of the temporary injunction that was in place at the time. Child Protective Services became involved in the case because of an anonymous phone call about the incident with the gun. The day after the client came back to his home a child protection investigator came to the house. When she found the client there in violation of the injunction she called police. The police arrived on scene and arrested the client for violation of the injunction (another criminal offense). Another bond hearing was conducted and the client was released in light of the counselor's recommendation to the court. Further discussions with the wife led to the dismissal of the injunction and dismissal of the client's new violation of injunction charge. Child Protective Services remained involved in the case to ensure the safety of the children.

It is very important to realize the role of Child Protective Services whenever a domestic violence incident occurs and children are involved. In order to find out more information contact us at our office at 813-228-7095 or link to us at Tampa Criminal Attorney.

Air Force Veteran with High Security Clearance Found Not Guilty of Domestic Violence (Domestic Violence Injunction Dismissed)

Category: Domestic Violence

Our client was a retired military veteran who held a high security clearance with Central Command. He was employed by a private company that worked closely with the military. His wife received injuries to her arm during a verbal altercation that turned violent. She claimed that the defendant (our client) took her to the ground and struck her in the face. The client also received scratches on his neck and an injury to his face where she struck him with a bible cover.

According to the client his wife suffered from mental health issues that created a number of severe mood swings. Hours after this altercation occurred the client went to take a shower. During that time his wife came into the bathroom to pray with him. Shortly after his shower he found his wife in the living room despondent. For no apparent reason she got up and ran outside and asked the neighbors to call police.

Domestic Violence Injunction

Before the police arrived the defendant left the home and hired us to fight the charge. The wife also filed a petition for a domestic violence injunction. This case was long and arduous because it required preparation for two separate trials. First we addressed the wife's allegations in front of the Domestic Violence Injunction Court. During the hearing the wife conceded that after the supposed physical abuse on the part of her husband she not only stayed in the home, but also went to the bathroom to pray with her husband. These facts contradicted the idea that she was abused and in fear of her husband. Despite a much lower standard of proof in the domestic injunction court the judge dismissed the wife's petition for injunction.

Criminal Trial for Domestic Violence

The same contradiction raised in front of the Domestic Injunction Judge was also brought to the attention Judge Artemus McNeal in Plant City. Based photographs that also contradicted the wife's testimony and other evidence the Court found the client not guilty. For more information about domestic violence in tampa link to tampa criminal attorney.

WHAT YOU NEED TO KNOW IF YOU HAVE BEEN ARRESTED FOR DOMESTIC VIOLENCE IN TAMPA

Category: Domestic Violence

A domestic violence charges requires special considerations. Before a domestic violence charge is resolved it travels through two different courtrooms. A domestic violence charge starts out in First Appearance Court, and then it is shifted to the specialized Domestic Violence Court. The First Appearance judge will address the issue of a bond within 24 hours of every type of criminal arrest. However, the unique concerns created by a domestic violence charge require the First Appearance Court judge to utilize a special protocol when addressing the issue of bond on this type of crimnial charge.

BOND?

Every defendant, understandably, has the same question after their arrest. When am I getting out? Every criminal defendant is entitled to have a reasonable bond set within 24 hours of their arrest. Some criminal charges have bond amounts assigned to them automatically, and it is possible to bond out before first appearance court. However, the Florida Legislature has mandated that every defendant arrested for an act of domestic violence be held in custody until he is brought before the first appearance judge that will set his/her bond.

VICTIM'S APPEARANCE AT FIRST APPEARANCE COURT

If your spouse or significant other is interested in seeing you released from the County Jail it is important for them to attend your bond hearing at first appearance court. Judge Walter Heinrich oversees first appearance court. If the alleged victim appears at first appearance court Judge Heinrich will be interested in asking her or him a number of questions. First, he warns the victim of the consequences of misrepresenting the truth when answering his questions. The judge is very aware that many victims come to court to recant their statement in the police report in an effort to get the defendant out of jail. Judge Heinrich will notify the victim of the dangers of lying to him (perjury, filing false police report). Once Judge Heinrich is confident that the victim understands his/her rights he will question the alleged victim about the facts of the case, and any concerns he might have about the victim's safety. If Judge Heinrich is confident that the defendant can be released without posing any danger to the alleged victim, then he will set a reasonable bond. However, usually the Judge will impose a number of pretrial conditions to the defendant's release. First, typically the judge orders the defendant to have "NO CONTACT" with the victim. This order is very important because of its impact on the defendant. If the defendant is married or resides with the victim (which is commonly the case) it means he cannot return to the marital home. The defendant is also prohibited from having any verbal or written contact with the victim. As long as this condition of pretrial release is in place it raises a number of other issues. Where does the defendant reside? How can he get some clothes and other items from his home while this condition of release is in place? There are a number of ways to address these issues, but the first step we take is to set a Motion to Modify Pre-Trial Release in front of Judge Nick Nazaretian in order to modify this particular condition to "No Violent Contact". Judge Nazaretian is the judge who will ultimately resolve the domestic violence charge, and he will take a deeper look into these issues. Remember, Judge Heinrich's courtroom has one purpose: To set a reasonable bond, and order conditions of pretrial release. He is not there to decide the facts of the Domestic Violence charge. If Judge Nazaretian feels the situation warrants the removal of the "NO CONTACT" condition he will permit the defendant to have contact. Usually it takes a few days to arrange this hearing. In the meantime we will counsel our client on what steps to take to stay in compliance with the Judge Heinrich's order and address their needs at the same time.

All things considered however, it is very important to have the alleged victim attend the defendant's bond hearing in front of Judge Heinrich? It prevents the judge from having to speculate about the facts of the case, or his concerns for the victim's safety. I do not mean to say that the victim's attendance in First Appearance Court is necessary to get a reasonable bond. It isn't. Judge Heinrich can set bond without hearing from the victim. Either way Judge Heirich will also ask the State Attorney questions about the defendant.

Does the defendant have a criminal past? If so, for what?

Does the defendant have a prior arrest for domestic violence? If so, did it involve the same victim?

DIVORCE OR BREAKUP WITH CHILDREN

If you have been arrested for a domestic violence charge and you are married or have children with the alleged victim there are a number of critical issues that need to be addressed immediately. This criminal charge may be a pre-emptive strike in a custody dispute that will be filed shortly after the defendant's arrest for domestic violence. If so, the decision to call the police may have been the result of a much more a premeditated plan than a call for help. A factor considered by every family law judge to determine custody or visitation is whether one of the parents has committed an act of domestic violence. F.S. 61.13. Likewise, another factor considered by the family law judge is whether "either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence..." Your spouse or former lover may have hired a lawyer before the arrest. The contrived domestic violence charge could have been at the direction of a divorce attorney. Shortly after the arrest the former spouse/alleged victim will file a Petition For a Domestic Violence Injunction in the Domestic Relations Court. If the Domestic Relations Judge gives the alleged victim an injunction against the husband you can be sure her lawyer will go running to the family law judge to complain that the father is a violent man who should have limited contact with his children. In addition, the imposition of a domestic violence injunction is another obstacle to returning to your home. A "no contact" order that flows from first appearance court, and domestic violence injunction are two separate court orders that must be overcome before you can return to your home.

If your spouse has fabricated a criminal charge in the interest of gaining an advantage in Family Court it becomes imperative to prevail not only on the criminal charge, but also on the petition for domestic violence injunction. This type of situation, unfortunately, is more common than you would think.

CAN MY CHARGE BE DISMISSED?

Can my domestic violence charge be dismissed? It depends on the nature of the facts. A number of questions need to be answered:

Is the victim cooperating? While the victim's cooperation with the defense is helpful, it does not necessarily mean that the problem is solved and a criminal lawyer is unnecessary. The State Attorney decides when, and when not to file charges. The victim might be confronted by Victim Assistance and/or the State Attorney assigned to the case to explain why their story has changed since the night of the incident. That is why it is critical to hire an experienced criminal attorney to address the sensitive issues surrounding this situation. Whether the victim is interested in going forward or not is in many ways a minor issue for the State Attorney (prosecutor). What matters most to the prosecutor is whether he or she feels they can prove the charge beyond a reasonable doubt. It is our job to convince the State Attorney and/or the Judge that the charge cannot be proven beyond a reasonable doubt. Whether the victim is cooperating or not you must address a number of other issues before you can determine whether the domestic violence charge will be dismissed short of trial

1) Was alcohol involved?
2) Who called 911?
3) Were there any injuries?
4) Were photographs of the injuries taken?
5) What is victim's motive to falsely accuse?

Domestic violence charges can be more complicated than they at first appear. Moreover, if you fail to vindicate yourself the ramifications (domestic violence injunction/custody dispute) can be far reaching.

For more information on domestic violence call us at 813-228-7095 or link to us at Tampa Criminal Attorney.

Hillsborough Judge Dismisses Malicious Domestic Violence Injunction

Category:

K.L. v. E.V., Judge: Raul Palomino
Our client and his fiancé were living together for over a year before he discovered that she having a romantic relationship with another man. Upon hearing this information, our client immediately broke off the engagement. His fiance abrubtly left the house and moved in with the other man. She left behind many of her belongings as well as her dog. Our client attempted to call her on numerous occasions to address these issues, but she did not answer his calls.. After hearing the story, several of their mutual friends began turning against her. Eventually she responded by filing an injunction against our client. In the injunction, she alleged that the phone calls our client made were harassing and threatening.
Result: At the hearing, Judge Palomino rocognized that our client was totally justified in his repeated attempts to contact the ex-girlfriend/fiance. The calls were neither threating nor harrassing. The injunction system is designed to address situations where people are in legitimate fear of actual violence, not to be used as a tool for intimidation. After a short hearing, the injunction was dismissed.

Injunction For Protection Against Dating Violence Dismissed

Category: Domestic Violence

The client (respondent) confronted her boyfriend after she found out he was cheating on her. They had been dating off and on for a number of years when she found out about his infidelity on his facebook site. She drove over to his home and confronted him in the doorway. The verbal argument escalated, and she struck him in the face. She left and her boyfriend called the tampa police department. After investigating the incident the police decided not to arrest our client, but suggested that the boyfriend file an injunction. The boyfriend (petitioner) filed a petition for an injunction against dating violence. Find out how the tampa criminal defense attorney negotiated a DISMISSAL of this injunction.

Foreign Student's Domestic Violence Charge Dismissed in Dade City

Category: Recent Wins

A criminal charge can have serious implications on any person's life. In the case of foreign citizens, the consequences can be even more severe. Our client was a resident alien attending graduate school at USF. One night our client was arguing with his wife and he lost his temper and pulled her off the bed by her leg. The following morning, the client's wife called the police to inquire about domestic violence counselling services. She had no intention of pressing charges, but the State chose to prosecute anyway. Despite the wife's refusal to cooperate with the State Attorney's Office, the prosecutor insisted on pursuing the charges based on her recorded call to the police. Eventually we were able to get the charges dismissed prior to trial, and our client was able to maintian his student visa. Review the detailed steps taken by the tampa criminal lawyer that brought about a DISMISSAL of this charge.

Tampa Criminal Attorney- Domestic Violence Charge Dismissed Despite Facts

Category: Domestic Violence

State v. K; Judge: Nick Nazaretian

The client and his girlfriend began arguing over his employment problems. The girlfriend through a phone across the room and broke a window when she found out our client was lying to her. She attempted to lock him out of the house, but he came back in through a window. When he got inside he grabbed her by the hair and dragged her through some glass. Violent arguments continued to occur for days before the Tampa police were called. When the Tampa Poilce arrived they photographed a number of bruises over the victim's body. The client initially handled this case on his own and attempted to complete an intervention program. He was removed from the program and the Court put a warrant out for his arrest. In this case the tampa criminal attorneys removed the warrant before taking the necessary steps to DISMISS the domestic violence charge.

Domestic Battery Charge Dismissed

Category: Domestic Violence

State v. A; Judge: Nick Nazaretian

Our client got involved in an argument with his girlfriend, and pushed her into a wall. After the client elbowed her in the chest the victim punched our client in the face. The victim eventually called 911, and the police arrived on scene. The victim had numerous contusions and abrasions on her body fromt he incident. Get more detailed information on how the tampa criminal defense attorneys forced a DISMISSAL of this case.

Tampa Criminal Attorney - Investigation Leads to Voluntary Dismissal of Injunction Against Dating Violence

Category: Domestic Violence

P v. R; Honorable Steven L. Selph; Date: July 20, 2009

FACTS: This case is a common example of a petitioner abusing the Domestic Relations Court in an effort to retaliate against the respondent. This particular injunction was filed by our client's former girlfriend in an effort to destroy his career at a company that employed them both. Find out more information on how the tampa criminal lawyer defended these allegations and brought about a voluntary DISMISSAL OF THE INJUNCTION.

Tampa Sexual Violence Injunction Attorney Forces a Dismissal of Petitioner/Mother's Injunction (Plant City)

Category: Criminal Law

We defended the client from criminal sexual battery charges supposedly perpetrated against his 6 year old daughter. False charges are more common in sex cases than any other type of criminal offense. Unfortunately, just a criminal investigation for a sex crime can have a dramatic impact on the accused's life. This particular case involves a scenario that we see quite often. A former spouse or alienated parent attempts to file an injunction of some type to destroy the parent's relationship with his/her child. This case involved a petition for an injunction against sexual violence against the father where the mother claimed the father, "Put his penis into his daughter's mouth on more than one occassion as a form of punishment". During the criminal investigation it was revealed that the mother/petitioner was coaching her daughter to make these false allegations.

No Formal criminal charges were filed against our client. After resolving the criminal case we moved the domestic relations court in Plant City to Dismiss the injunction against sexual violence. Learn from a tampa criminal defense attorney of the powerful defenses available to the respondent/parent when another parent petitions the court for an injunction against sexual violence.

Tampa Man Wins DV Battery Trial

Category: Recent Wins

Our client was accused of choking his wife during an argument. The allegations against our client were false, and were being used to gain leverage in a pending divorce. Our client had no criminal history and no history of violence. His wife, on the other hand, had ongoing mental health issues and a history of substance abuse. The State refused to drop the charges due to photographs that allegedly showed bruises consistent with the wife's story. At trial, the State was unable to introduce the photos. The credibility of the wife was called into question, due to inconsistencies in her testimony. The client was eventually found not guilty.

To read more about this case and others like it visit out website.

Tampa Man Acquitted at Domestic Violence Battery Trial

Category: Domestic Violence

Our client was accused of head-butting his wife during an argument. Our client adamantly denied ever hitting, much less head-butting his wife. At trial it was his word versus her word. On cross examination of the wife, we were able to elicit several facts that dmaged the credibility of her story. She admited to drinking liquor immediately prior to the incident, as well as a history of mental illness. At the conclusion of the trial, the State failed to prove it's case beyond a reasonable doubt, and the client was found not guilty of Domestic Violence Battery.

Learn how tampa criminal attorneys force dismissals on domestic battery charges.

Domestic Violence Charges "No Filed" Through Investigation by Tampa Criminal Attorney

Category: Domestic Violence

The Client/defendant became very intoxicated and struck his wife. She received a number of bruises, and his children witnessed the incident. The situation was very serious for our client, in that he was currently on felony probation when the domestic battery allegedly occurred. Just an arrest could have put him in jail for a new law violation while on probation. After contacting his wife's divorce attorney, and conducting more investigation we were able to convince the State to "No File" the charges. To find out more about the pre-filing process and why it is important to retain your tampa criminal lawyer as soon as possible.

Tampa Domestic Violence Injunction Attorney Forces Dismissal Where Petitioner Fails to Establish Jurisdiction

Category: Domestic Violence

The client/respondent was a United States Navy military police officer stationed out of Portsmouth, Virginia. Between 1999 and 2000 he had a relationship with the petitioner that resulted in the birth of his son. After a period of time the client separated from the petitioner and she took the child to California. As years past the x-girlfriend made it very difficult for the father to see his son, but eventually he was able to make contact. Although the client met someone else and got married, he remained devoted to his son. In August of 2008 the petitioner/x-girlfriend agreed that the child could fly up to Virginia to visit his father. Shortly after the boy returned the mother claimed that the father had sexually molested their son during his visit to Portsmouth, Virginia. The petitioner/x-girlfriend/mother filed a petition for an injunction against domestic violence on behalf of her son in Tampa, Florida. The findings made by a number of government agencies led us to believe that the mother coached her son to make these allegations when she learned how much the child enjoyed being with his father. Obviously, an injunction of this type would permanently destroy any relationship between our client and his son. We believe the intent of the x-girlfriend/ petitioner was to convince the judge in the injunction court to enter a permanent injunction to protect her son(involving these allegations of sexual abuse against the child), and then use it in a custody dispute in front of a different family law judge. This practice is far too commonplace in domestic violence injunction court. The issue is not a threat to the petitioner, but an attempt to get an advantage in a custody dispute. Unfortunately, many times family law/divorce attorneys play a major role in these types of frivolous actions. The facts of this case ultimately led us to file a motion to DISMISS which the Court GRANTED. Find out more about the questionable tactics that some tampa lawyers employ in an attempt to get the upperhand in a custody dispute.

Tampa Domestic Violence Attorney Convinces Court to Deny Petition for Injunction (Plant City)

Category: Domestic Violence

The client/respondent was a law enforcement officer with the Seminole Police Department in Tampa, Florida. His ex-girlfriend/petitioner was also employed by the Seminole Police Department. During their relationship they had a child together. At the time the petition was filed the boy was two years of age. The petitioner in this case, unfortunately, represents a very large group of people who often times petition the Domestic Violence Relations Court for a domestic violence injunction in an attempt to gain an advantage in a custody dispute. Her one and only concern in filing the injunction had nothing to do with fearing our client/respondent. She wanted to gain leverage in front of the Family Law judge. Learn the steps taken by the tampa criminal defense lawyer to defend against the parent that files frivolous peititons for injunctions and false criminal charges. Once this tactic is exposed to the family law court it can backfire on the parent who has abused the other parent and our judicial system.

Domestic Violence Charge "No Filed" Against Tampa Man

Category: Criminal Law

State v. A

The client got involved in a shoving match with his wife after a short verbal altercation. This domestic violence charge, like many others, was sparked by alcohol consumption. After law enforcement reported to the scene they took statements from both parties. Despite the wife's pleas the police arested her husband, and he was transported to the Orient Road Jail. During our initial interview our client wondered whether retaining a lawyer was even necessary. Why hire an attorney when the contact was minor, and the victim is not interested in pursuing the case against you? These factors do not play a role in how the State Attorney's Office approaches these cases. The state has the ability to force the victim into court over their objection, and if they decide to change their story it could create major problems for the victim. Find out how the tampa criminal lawyers convinced the prosecutor to "no file" (dismissed) the domestic battery charge without creating any unnecessary problems for the victim.

Tampa Criminal Attorney Gets Dismissal of Domestic Violence Charge

Category: Criminal Law

The client became angry at her boyfriend and threw a vase at him during a verbal altercation. She called the Hillsborough County Sheriff's Office the day after the incident in an attempt to have her boyfriend arrested. Inconsistent statements on her part led to her own arrest for domestic violence. Many people call the police in an emotional attempt to punish their significant other. Initially, the client's decision backfired, and she was charged. Once we met her in our office we were able to contact the state attorney and her charges were dismissed. Find out more about domestic battery, and how tampa attorneys resolve these charges.

Negotiations By Tampa Criminal Lawyer leads to Dismissal of Battery Charge Against Tampa Woman

Category: Criminal Law

Our client became very upset when her husband returned home from a night out with his friends. An argument ensued and she eventually struck her husband in the face. When Tampa Police arrived on scene they interviewed both parties and believed our client's conduct amounted to a battery. Unfortunately, there is an unwritten rule followed by many law enforcement agencies. That policy basically amounts to the following: "If someone calls 911 someone is getting arrested". The husband had visible scratches around his neck, and our client had none. This was enough in the officer's eyes to make an arrest. Luckily, our client wasted no time in seeking out a lawyer and retained our office immediately. We contacted the State Attorney conducting the intake on this case and explained how the husband was the initial aggresor. The charge was dissmissed. Find out more about the intake process, and why it is so important to retain the services of a tampa criminal attorney as soon as possilble.

Girlfriend Strikes Boyfriend on Head with Cell Phone; Domestic Battery Charge Dismissed at Trial

Category: Criminal Law

On the night of the incident, while her boyfriend was asleep, our client found evidence on his cell phone that he was cheating on her for the second time. She then proceeded to wake him up by hitting him over the head with the phone, followed by an attempt to kick him out of the house. Police were called and charged our client with domestic battery. However, the charge was eventually dropped at trial. Get more information on how the tampa criminal attorney brought about a DISMISSAL in this and similar cases.

Domestic Battery Charges Dropped Once Police Learn Our Client was the Victim

Category: Criminal Law

On the day of the incident, our client called police in response to an argument in her home, but was unable to stay until they arrived due to the conditions inside the home. Once police arrived, her boyfriend told them that she in fact was the aggressor, causing our client to be charged with domestic battery. The charges were eventually dropped. Find out more details on how the tampa criminal lawyer forced the State to drop this charge.

Tampa Domestic Violence Case Dismissed

Category: Domestic Violence

State v. B.; Date: August 2, 2007

FACTS: The wife of our client had been unfaithful and ultimately told her husband about the affair. As you would expect an argument ensued and the client ended up pushing his wife. The victim received no real injuries.

DEFENSE: After investigation into the case it appeared that this was a "mutual combat" situation where the wife and the husband (client) began pushing each other almost simultaneously.

RESULT: The State terminated the prosecution of the case.

Tampa Domestic Violence Case Dismissed

Category: Domestic Violence

State v. S; Judge: Nick Nazaretian; Date: July 31, 2007

FACTS: The client got into a verbal argument with her husband over finances. Apparently, her husband went downstairs to avoid the argument, but his wife followed him and began hitting him in the face and chest area. The client then grabbed a knife and started slashing at her husband with it. The husband stated that his wife then tried to throw a pot of boiling water on him. Police arrived on scene and arrested our client (the wife), after speaking to her husband's brother about the incident.

DEFENSE: After investigating the victim's allegations it appeared that much of his story was exaggerated and contrived. He ultimately admitted that the contact between the two of them was accidental and unintentional.

RESULT: The State Dismissed the charge

Pinellas County Domestic Violence Case Dropped

Category: Domestic Violence

State v. R; Pinellas County

Allegations of domestic violence are very common during divorce proceedings. Many times false allegations are used as leverage in negotiations regarding property division, alimony and child custody.

FACTS: Our client was a succesful consultant at a leading financial corporation. At the time of the incident, he and his wife had been experiencing marital difficulties, and were contemplating divorce. One evening, they had an argument over a past relationship. At some point the argument became physical. Our client allegedley placed his hand over his wife's mouth. She responded by punching and kicking him. Eventually, both parties calmed down and reconciled. No charges were immediately filed.

Over seven months later, our client became aware of an ongoing investigation into this incident by Pinellas County law enforcement. At some point after the incident, the victim had filed a dleayed domestic violence report. Despite the fact that the report was delayed, law enforcement was obligated to investigate the case and file charges if necessary.

In an investigation involving a delayed report, often times there is little or no physical evidence. Law enforcement is forced to rely exclusivley or eye witness accounts of the events. These types of situations can be extremely dangerous, particularly when law enforcement is only hearing one side of the story.

Fortunately, our client contacted our us immediately upon hearing about the pending investigation. We were then able to contact the State Attorney's office during the "pre-filing" stage of the case, and present our client's side of the story. We were also able to make the Assistant State Attorney aware of potential evidentiary issues in his case before the charges were ever formally filed.

RESULT: Ultimately, we were able to convince the State not to file charges against our client. By contacting our office right away, our client was able to avoid being arrested and and formally charged in criminal court.

Pinellas County Defendant Avoids Domestic Battery Prosecution

Category: Domestic Violence

State v. R; Date: May 9, 2007; Pinellas County

FACTS: Our client was alleged to have covered his wife's mouth during an argument. Shortly after he grabbed her, they both went to the ground, where a struggle ensued. The victim in this case called police months after the incident occurred because she felt her husband had lied to her about another woman.

Many times a spouse will decide they want to divorce their husband or wife and contact a divorce (family law) lawyer without telling the other party. During the initial interview the divorce lawyer will often inquire about instances of domestic violence during the marriage. Even where there is little to no justification, some divorce lawyers will often recommend that a victim contact the police and have a charge filed against their spouse in an effort to gain an advantage in the divorce proceedings. If they do they will typically also recomend that the wife apply for an injunction (preventing any contact).

Many x-husbands find themselves sitting in jail months after a domestic dispute has come and gone. After being released they find out that they cannot return home because there is an injunction in place preventing contact with their wife. If a defendant contacts a victim after an injunction is in place it could create an additional criminal charge. This is obviously a very frustrating turn of events that make it critical to hire a lawyer as soon as possible. The above scenario did not materialize in this case because of some steps we took to communicate with the victim.

DEFENSE: All contact with the victim was the result of the client trying to defend himself.

RESULT: The State Attorney decided not to pursue the prosecution, and the charge was dismissed.

Tampa Battery Charge Dismissed

Category: Criminal Law

State v. D; Judge: John Conrad; Date: May 10, 2007

FACTS: The client's daughter was approached by a young man who made a number of sexual inuendos during a conversation they had at work. Weeks later her father (client) visited her at work, and while they discussed the incident, the young man happened to walk nearby. The father was so angered by what happened he went outside and confronted the victim. Our client pushed the victim in the chest and then grabbed him by the throat.

DEFENSE: The remarks made to by the victim to our client's daughter were uncalled for and highly offensive on every level. The case was set for trial, and negotiations with the State followed.

RESULT: The State Dismissed the case.

Pinellas County Defendant Avoids Sexual Battery Charge

Category: Criminal Law

State v. R; Judge: R. Timothy Peters; Date: April 3, 2007

FACTS: The client was charged with Handling and Fondling a Female Child Under the Age of Sixteen (2nd degree felony). The defendant had allegedly molested his children and grandchildren in 1992. The victim of the offense had a falling out with our client shortly before he was arrested out of state and extradited to Florida. The age of the charge made it problematic for the State Attorney to move forward on the Fondling charge. As a result, We made the State Attorney aware that we were filing a motion to dismiss the Fondling charge due to a violation of the Statute of Limitations. In response, the State claimed they would amend the charge to Sexual Battery (1st degree felony), in order to avoid the statute of limitations problem.

DEFENSE: The State could have moved forward on the Sexual Battery charge, but there were some serious issues as to the credibility of the victim. These credibility problems led to negotiations with the State.

RESULT: The client did no jail time. He entered a plea to a probationery sentence on a much less serious charge, which carried no sex offender designation.

Defendant Avoids 3 Year Mandatory Minimum Sentence after Shooting

Category: Criminal Law

CASE #05-CF-018725; Judge: Robert Foster; Date: February 1, 2007

FACTS: The State Attorney filed three charges of Aggravated Assault with Firearm (discharge) against the client. This charge carries a 3 year mandatory minimum sentence in Florida State Prison if convicted. The three victims leased a small home from the defendant. After the victims failed to pay rent on numerous occasions the client went to the home to determine why they refused to pay. According to the victims the client was intoxicated and got into an argument with the mother of one of the victims. Before he left someone called the victims who were driving home. When the victims arrived on scene they began to argue with the defendant. The argument led to a number of threats by the victims. According to the victims the defendant pulled out a pistol and fired into the crowd that had gathered. After the defendant left the police were called and reported to the scene. Their investigation led to the defendant's arrest on the above charges.

DEFENSE: Thorough investigation of these types of charges is critical! At first glance the client's case appeared extremely difficult. The victims were surrounded by numerous people who claimed he fired his weapon right at them. The defendant's story differed from the victims in a number of ways. He admitted he fired his weapon, but not at the crowd of people, and not until he left the area. He claimed he only fired the weapon after the victims retrieved their own firearm and discharged it. Through investigation we located two witnesses who lived nearby and heard shots fired that night. Shortly after hearing the shots they saw one of the victims walk by, and claim that he was "going to jump the shooter, but he pulled out a gun". In addition, we learned from another witness that the crowd was preparing to attack our client.

RESULT: The State does not like to drop charges this serious without a very good reason. Ultimately, we were able to convince the State that its witnesses had no credibility after the discovery of these neutral witnesses.
Two of the three charges were dropped (dismissed) altogether, and the third charge was reduced to disorderly conduct. The client received a withhold of adjudication (withhold of the conviction) and court costs on
a misdemeanor charge.

Tampa Criminal Attorney Gets Domestic Violence Charge Dismissed

Category: Domestic Violence

CASE # 06-CM-024034; Judge: Nick Nazaretian; Date: February 13, 2007

FACTS: The defendant was accused of grabbing his wife by the neck and throat after an argument in their home. According to the victim, he squeezed her neck so hard he was able to lift her off the ground. There were photographs taken of the victim's injuries.

DEFENSE: The victim was the aggressor and the defendant only grabbed her to avoid further violence.

RESULT: This case was resolved before trial after interviewing the victim. Our investigation led to a change in the victim's story and a dismissal of the charge.

Sports Linked to Rise In Domestic Violence

Category: Domestic Violence

Mark Godsey over at the CrimProf blog brought my attention to an article from azcentral.com that links athletes with increased instances of domestic violence. However, fans seem less likely to mind when the violence involves one of their favorite athletes:

Continue reading "Sports Linked to Rise In Domestic Violence"

Tampa Criminal Lawyer Gets Violation of Domestic Injunction Charge Dismissed

Category: Domestic Violence

Case #06-CM-026335; Judge Nick Nazaretian; Date: December 22, 2006

FACTS: The client had an injunction for protection against domestic violence with minor children entered against him on August 8, 2006. The petitioner had a child with our client, and was very intent on gaining custody. Apparently, even after the injunction was filed the petitioner continued to contact our client indirectly through some of his friends. Strangely enough the victim ended up claiming the defendant (client) had contacted her through someone elses "my space" account.
According to the victim she responded to a friend of our client's by sending her a message on her "my space" profile. At some point she went back to this person's profile and saw a message she believed was addressed to her from our client. The victim called the police and our client was charged with contacting the victim and violating the injunction. The defendant felt his x-girlfriend was simply using this criminal charge to convince the family court judge to award her custody of their child.
The Courts are often used by people for the wrong reasons. Many petitioners will get an injunction against their boyfriend or wife, and use it as a tool to achieve some goal in front of the family court judge who is presiding over a divorce or custody dispute. Unfortunately, both men and woman are equally guilty in this regard. No one seems to realize that the children are the only ones that suffer when the Courts are abused in this manner.

DEFENSE: There was no proof that the defendant had intentionally contacted the victim. The victim apparently found this message on someone elses "my space" account, not her own. Discussions with the State Attorney brought about a quick resolution to this case.

RESULT: The charge of violating the Domestic Violence Injunction was dismissed.

Tampa Criminal Attorney Gets Domestic Battery Win

Category: Domestic Violence

CASE #05-CM-015481; JUDGE: Nick Nazaretian; Date: November 21, 2006

FACTS: The defendant and his wife had a verbal argument outside his home. The victim claimed that our client hit her in the face with a piece of pizza, grabbed her by the throat, and body slammed her to the ground. Shortly after she caught her breath the neighbors helped her into their house. Instead of remianing at her neighbor's she got even more intoxicated and returned to our client's home. The same man she claimed she had thrown her to the ground. She found herself locked out of the home, and when she finally got inside she continued to verbally attack our client. The victim stood in the doorway of the bathroom and refused to allow her husband out. He eventually grabbed her and removed her from the doorway. The victim claimed that our client dragged her around the house by her hair, and bashed her head into the wall in the hallway.

DEFENSE: The only time my client laid his hands on the victim is when she came at him and he was forced to protect himself. In addition, the vicitm drank atleast six drinks contaning alcohol that night which called her credibility into question.

RESULT: The Judge found our client NOT GUILTY of the crime of domestic battery.

Tampa Criminal Lawyer Gets Domestic Violence Injunction and Domestic Battery Charge Dismissed

Category: Domestic Violence

CASE #06-CM-023289; 06-DR-017814 & 06-DR-017444; JUDGE: Art Mcneil; Date: October 16, 2006

FACTS: The client was forced to protect himself when his wife came at him in their home. The wife was very intoxicated during the incident, and forced the client to defend himself. Eventually the suspect gathered his clothes so he could leave the home, but before he could finish packing the wife came back into the room and punched him in the face. The client documented his injuries by having photographs taken at the hospital. Unfortunately, he failed to retain any counsel and attempted to address the custody issues surrounding his son in his own way. The wife felt so threatened that she called the police and the client was arrested days later for domestic battery. Shortly after that she retained a lawyer and filed a petition for a domestic violence injunction against our client. After the client retained our office we filed our own petition for an injunction against the wife, and began defending his criminal charge.

Unfortunately, many people file criminal charges against their husband or wife in an attempt to gain an advantage in their divorce proceedings. The hope is that the person charged with the crime will be convicted and the family law judge will give custody of the children to the non-offending party. After the wife received our injunction her attorney called our office and we negotiated a settlement of the domestic violence injunctions and the criminal charge.

DEFENSE: The client was acting in self-defense when he threw the phone at his wife. The wife had a drinking problem and caused some noticeable injuries to the client during the struggle.

RESULT: The domestic violence injunctions were both dismissed and the State Attorney no filed the battery charge.

Tampa Defense Attorney Prosecutes Respondent for Violating Injunction

Category: Criminal Law

CASE # H-27-DR-2006-309; JUDGE: Stephen O. Rushing (Hernando County) Date: October 23, 2006

FACTS: Our Client had been in ongoing dispute with a nearby neighbor. The client became so threatened by his neighbor that he filed a petition for an injunction to prevent his neighbor from coming within 300 feet of him or his family. The judge granted his petition, but also granted the neighbor a similar injunction against our client. The client had not hired a lawyer before filing the petition for the injunction, or the injunction hearing. This led to other problems at his hearing and other problems with his neighbor that were not properly handled. It is extremely important to retain a lawyer as soon as you anticipate the possibility of going to court for any reason!
After our client got his injunction both parties began to call the police over supposed violations of their injunctions. The first injunction led the client to request the Court to grant other injunctions against other neighbors. The neighbor, who had a background in law enforcement, gradually began to win over the police and the state attorney with regards to the actions of our client. The State Attorney became convinced that our client was the aggressor, and filed an aggravated stalking charge against him. The client didn't contact our office until after the aggravated stalking charge was filed!. Eventually the client requested a hearing to determine whether his neighbor should be found in contempt of court for violating the court's order on August 11, 2006.
Our office prosecuted the neighbor for violating the injunction and asked the Court to find him in contempt of court. During our investigation we located an independent witness that was willing to come forward and testify that the opposing neighbor and his wife got out of their vehicle and threatened our client.

RESULT: The Court agreed with us that the neighbor was guilty of violating the injunction and found him in contempt of court. This case is another terrific example of waiting too long to hire a lawyer. Although we won the hearing and it should convince the State Attorney to take a second look at the actions of the neighbor, most of our client's problems could have been avoided had he contacted us earlier. A domestic violence injunction is a serious matter and violating an injunction is even more serious. Don't wait until the situation escalates out of control before you hire an attorney.

Tampa Criminal Attorney gets Domestic Battery Win

Category: Domestic Violence

Case No: 06-CM-013167; Judge Nick Nazaretian; Date: September 26, 2006

FACTS: The defendant was alleged to have struck his girlfriend on her left arm and her left eye several times with a closed fist. Law enforcement took photographs of the victim's injuries.

DEFENSE: The victim had shoved the defendant several times before he attempted to defend himself.

RESULT: The State dropped the charges.

Tampa Criminal Lawyer Resolves Domestic Battery Charges

Category: Domestic Violence

CASE #06-CM-018218; 06-CM-017499; Judge Nick Nazaretian;
Date: August 8, 2006

FACTS: The defendant was charged with committing two batteries in a span of nine (9) days. The victim was a serious alcoholic who had been to alcohol detox shortly before the defendant was arrested. She had numerous bruises all over her body.

DEFENSE: The victim's alcoholism brought on a blood disease (ecchymoses) that caused her blood to leak into her skin whenever she fell down or bumped into an object. The victim's injuries were the result of injuries she received while intoxicated, not by the defendant.

RESULT: After depositions with the victim the State agreed to drop one battery charge in exchange for a plea of No Contest to the other charge. The State agreed to withhold the adjudication and the defendant was not convicted.

Win for Tampa Criminal Lawyer at Domestic Violence Injunction Hearing

Category: Domestic Violence

CASE #06-DR-012520; Judge Raul Palamino; Date: August 1, 2006

FACTS: We represented the Respondent. It was alleged by the Petitioner that the Respondent had choked her and her 21 year old daughter at separate times. In addition, she alleged that our client exposed himself to his 5 and 6 year old children at the pool.

DEFENSE: None of the allegations contained in the petition contained any information that was relevant to domestic violence against the petitioner. All the allegations made by the petitioner were either too remote in time to be relevant, or lacked sufficient support through the evidence.

RESULT: The petitioner's injunction was dismissed and our client prevailed.