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

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.