Topics relating to Domestic Battery | St. Petersburg, FL

911 Calls Can Be Used as Evidence in Domestic Battery Cases

Sean McQuaid — Mon, 23 Dec 2024 18:25:25 +0000

Updated: December 23, 2024 by Sean McQuaid Domestic battery arrests can happen to anyone at any time. They are surprisingly common and affect people regardless of money, where you live, and whether you have been in trouble before. Unlike most other criminal charges, domestic battery cases require strategic planning. In the days after the arrest, with proper decisions, you can drastically increase your chances to get the case dismissed. The purpose of this article addresses one of the pitfalls that face defendants in these cases, the 911 call. The 911 call is often overlooked by defendants and their lawyers-but not the prosecutors. In every domestic battery case, someone calls 911. The call is a public record and anyone can get a copy of it. The prosecutor will always order a copy of it as a matter of course. What they find on that 911 call can change the direction of a case.

How Can a 911 Call Be Used by a Prosecutor?

The 911 call can be admitted into evidence in every case. Every jury can listen to it regardless whether the caller even testifies. So, it can be a powerful tool. It also can be used to impeach a witness. In other words, if the victim of a domestic battery tells a story that is different from what is on the 911 call, the call can be used to discredit the witness. Now, most cases do not go to trial, so what is the real purpose of the 911 call? It is used by the prosecutor to judge how bad the situation really was. If the victim sounds terrorized on the call, the prosecutor is more likely to get involved. Just as important, the prosecutor will use what was said on the call to compare to what the victim is saying now. Following the arrest, every prosecutor will call the victim during the investigation stage. If they can’t get in touch with the victim, they can send out a subpoena to force the person to cooperate. In felony cases, they will sometimes even send out the police officer to pick the person up and bring them in for an interview. During this investigation, the prosecutor will ask the victim what happened. If the story does not match what the person said on the 911 call, the prosecutor will use that to pressure the person into telling the truth. Therefore, being aware of what was said on the 911 call is important to know and be prepared to address.

What is the Mindset of the Prosecutor in a Domestic Battery Case?

In the simplest terms, the prosecutor views him or herself as the parent. If the children (defendant and victim) can’t get along, the parent might have to step in. The prosecutor will listen to the victim’s wishes about whether to prosecute, but that request is just a small part of the equation. The prosecutor will determine if the case can be proven and then decide whether it should be brought. If there are injuries or any type of history of police involvement, the case is more likely to be brought. The prosecutor will try to decide whether the court system should force the victim and defendant to get help and control the situation.

Should You Hire a Criminal Defense Attorney?

Many people are told to just wait for a court notice. This is the biggest mistake that you can make. If you are not proactive, you will lose your best chance to get the case dismissed. Having a lawyer orchestrating a strategy for your defense during the investigation phase will dramatically increase your chances at getting the case dropped. Your goal in every case is to convince the prosecutor to drop the case without filing a formal charge. If you sit back and wait for a court date, who is advocating on your behalf? No one? Your public defender? The reality is that if you do not hire a criminal defense lawyer, the only thing the prosecutor is going to hear is one side of the story-what the cops tell them. So, even though it may cost some money that you don’t want to spend, hire a lawyer. I guarantee that hiring a lawyer will ultimately save you money, time, and aggravation in the future. If you’re ready to explore your legal options, contact us for a free consultation. We’ll take the time to understand your situation, answer your questions, and help you move forward.

Award-Winning Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

We are the law firm that you call when you want the best attorneys at a fair and reasonable price. When you walk into court with one of our attorneys by your side, you will be treated differently. Our lawyers have spent their careers developing connections and insights that will help your case. For more information please contact us at Battaglia, Ross, Dicus & McQuaid, P.A. to schedule a free consultation with an attorney today. We have three convenient locations in Pinellas County and Hillsborough County to better serve you. Battaglia, Ross, Dicus & McQuaid, P.A 5858 Central Ave suite St. Petersburg, FL 33707 +(197) 0232-0268 Battaglia, Ross, Dicus & McQuaid, P.A. – Downtown Office 136 4th St N #2233 St. Petersburg, FL 33701 +(197) 0232-0268 Battaglia, Ross, Dicus & McQuaid, P.A. – Riverview Office 12953 US-301 #102 Riverview, FL 33578 (813) 639-8111

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What Is an Injunction and a Restraining Order in Florida?

Sean McQuaid — Wed, 28 Sep 2022 19:01:55 +0000

In Florida, “injunctions, ” ” restraining orders, ” and “orders for protection” are all used interchangeably. They are simply different terms for the same legal mechanism.

Injunctions and restraining orders protect victims (Petitioner) from abuse by an alleged perpetrator (Respondent).

Having an injunction or restraining order against you has consequences. You will likely be flagged on a background check and prevented from employment or even renting. You will lose your right to keep and bear arms. Perhaps most importantly, if you violate the terms of the court order, you will commit a crime and go to jail.

Domestic violence is the most common reason people seek injunctions or restraining orders in Florida. Following Alabama, Florida ranks number 21 in the US for domestic violence rates against women, at 37.4 %, slightly higher than the national average of 37.2%.

Under Florida law, Petitioners have six options for restraining orders. Read on to learn more about different types of injunctions in Florida and some relevant statistics.

Domestic Violence Statistics in Florida

Pinellas County consistently overrepresents domestic violence cases in Florida. From 2001-2020, Pinellas County has consistently had a higher rate of Domestic Violence Reports than Florida’s average.

Domestic violence injunctions are the most common type in Florida. From 2021 to 2022, Pinellas County filed 338 domestic violence injunctions.
In 2020, Pinellas County’s rate was 619.5 Domestic Violence Offenses (rate per 100,000) compared to Florida at 492.2.
In 2020, The Florida Department of Children and Families reported 106,515 domestic violence crimes to Florida law enforcement agencies.
63,217 of those domestic violence crimes led to arrests
Domestic violence advocates made over 150,000 tailored safety plans for victims of abuse
Agencies and advocates provided over 200,00 hours of advocacy and counseling services to abuse victims.
72,321 individuals made domestic violence hotline calls for emergency services, information, and safety planning help.

Domestic Violence Injunction/Restraining Order

In Florida, a Petitioner can file for a Domestic Violence injunction or restraining order for any of the following types of repeated offenses by the Respondent:

physical violence/domestic battery
sexual violence
Threats or assault
threats relating to children

Stalking Injunction/Restraining Order

Statistics on Stalking

In the US, 19.3 million women have reported being stalked in their lifetime. 60.8% of stalking victims report being stalked by a current or former intimate partner.
5.1 million men have reported being stalked in their lifetime, with 43.5% reporting the stalker was an intimate partner (current or past)
In 2022, there were 93 stalking injunctions filed in Pinellas County, Florida.

Stalking is any pattern of repeated, malicious, intentional, and unwanted:

Harassment
Following
Contact
Cyberstalking

Stalking has no legitimate purpose, and that causes the victim emotional anguish. In Florida, the Petitioner may also file for a Cyberstalking injunction. Cyberstalking in Florida is “committing a series of acts to communicate, directly or indirectly, through email or electronic communication.” Accessing or attempting to access your online accounts without your consent, which causes a person emotional distress, is also considered cyberstalking.

Repeat Violence Injunction/Restraining Order

As of the date of this article, thus far in 2022, Petitioners filed 43 Repeat Violence injunctions in Pinellas County, Florida.

The following are the requirements for filing a repeat violence restraining order in Florida:

At least two incidents of violence or stalking, directly on the Petitioner or their immediate family member.
One incident must have occurred within the past six months of filing.
The petitioner fears repeat violence by the Respondent
The victim or parent, or guardian of the victim may file a petition.

A repeat violence injunction protects the Petitioner or their family member from further violence or contact.

Dating Violence Injunction/Restraining Order

Statistics on Dating Violence

In 2022, Petitioners filed 26 dating violence injunctions in Pinellas County, Florida.
Nearly 20 people per minute endure physical abuse by an intimate partner in the US. That equates to more than 10 million victims per year.
1 in 4 women and 1 in 9 men experience severe intimate partner physical violence or sexual violence with impacts like injury, fear, post-traumatic stress, use of victim services, and contraction of sexually transmitted infections.
1 in 10 women has been raped by an intimate partner.
The risk of homicide is increased by 500% with the presence of a gun in a domestic violence situation.
Intimate partner violence makes up 15% of all violent crime cases.
Women between 18-24 are the most common victims of intimate partner abuse.
Domestic violence victims experience higher rates of depression and suicidal behavior.
Less than half (only 34%) of people who endure intimate partner violence seek medical care for their injuries.

Dating violence is similar to domestic violence. It is a pattern of behaviors where the Respondent exerts power or control over their partner using ear, intimidation, or threats. Dating violence can happen in person or electronically. Florida defines dating violence as ‘violence between individuals who have or had a continuing and significant relationship of romantic or intimate nature.”

Petitioners seek Dating Violence restraining orders for:

physical violence
sexual violence
emotional abuse
And verbal abuse

In addition, the relationship must last for a minimum of 6 months, and there must have existed an expectation of affection or sexual involvement between the two parties.

Sexual Violence Injunction/Restraining Order

Statistics on Sexual Violence in Florida

1 in 6 women in Florida (17%), or 1,266,000, report being raped at some point in their lives
41.8% o women in Florida have been victims of other sexual violence that is not rape.
80% of women victims experienced sexual violence before the age of 25

20.4% of men, or 1,437,000 men, in Florida report having been victimized by sexual violence other than rape.
More than 27.8% of male victims who had experienced at least one completed rape experienced the first rape when they were ten or younger.

For Sexual Violence restraining order in Florida, the following requirements must be met:

Sexual violence is any sexual battery (a lewd or lascivious act on or in front of a person under 16), luring or enticing a child, or making a child perform sexual acts.
The Petitioner must comply with law enforcement after they report sexual violence.
If the Respondent is in jail for an offense already committed on the Petitioner and is due for release within 90 days, the Petitioner can file for an injunction.
The victim, parent, or guardian of the victim can file the petition.

Exploitation of a Vulnerable Adult Injunction/Restraining Order

Florida has laws protecting vulnerable adults and seniors from exploitation.

Statistics on Elder Abuse and Exploitation in Florida

1 in 10 seniors or vulnerable adults will experience elder abuse.
Less than 10 percent of elder abuse gets reported to authorities (about 7% report rate)
More than half of elder abuse cases (about two-thirds) involve family members.
Financial exploitation is the common cause of elder abuse.
Compared to seniors living in safe environments, victims of elder abuse have a 300% higher mortality rate.
Elder abuse also has an economic impact – it costs Americans billions of dollars annually.

This type of injunction or restraining order in Florida is an emergency order to keep the exploiter away from a vulnerable adult. A vulnerable person is any adult 18 or older who can’t provide their care or protection due to:

Mental, emotional, or sensory impairment
Long-term physical or developmental disabilities
Brain damage
Or the natural infirmities of aging

Any adult can be exploited, but this type of injunction is most often used to protect people in the elder community. As we age, the increasing likelihood of dementia is a significant factor that makes elderly adults more vulnerable.

Contact a Florida Injunction and Restraining Order Lawyer Today

We can help answer your questions about Florida injunctions and restraining orders. Whether you need to file a restraining order, challenge a restraining order, or have violated a restraining order, we have the experience to defend you.

Please do not hesitate to contact us to help you navigate what can be an emotional and complicated process.

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Domestic Battery Charge Dropped

Ranger Jackson — Thu, 24 Feb 2022 15:32:00 +0000

The Case

Our client was arrested for Domestic Battery against his wife while they were visiting from out of state on vacation. He had too much to drink and grabbed his wife during an argument. His wife called the police to get him to calm down, but when police arrived he was arrested.

Luckily, a family friend called us the next morning to hire us while he was in jail. We appeared that day for his first appearance. We were able to convince the judge to release him on ROR and to allow contact between him and his wife. The judge also allowed him to return home on their plane flight that same evening.

The Resolution

Because alcohol was the contributing factor for the arrest, we had our client perform several drug tests over the following weeks. These negative test showed that he was not consuming alcohol and that he could control his problem. We also provided proof that he was in counseling related to substance abuse. Additionally, we provided his wife’s contact information to the State Attorney’s Office. His wife confirmed that this incident was out of character and that she did not want to press charges.

After reviewing the information we provided, the State Attorney’s Office dropped the charge. This was fantastic news for our client as he is a working professional and a conviction for a battery could have cost him his job. After the case was dropped, we then successfully petitioned to have our client’s arrest sealed and expunged from his record.

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