Claris Law Legal Blogging Community

Name:

E-mail:

Phone Number:

Zip Code:

Your Question:

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

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.