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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

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.