Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

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.