I got arrested for “battery”……I was the one who got “battered”

Sean C. O'Halloran Experienced State and Federal Criminal Defense Attorney Main Office: Ft Myers, Florida  239-334-8890
Sean C. O’Halloran
Experienced State and Federal Criminal Defense Attorney
Main Office: Ft Myers, Florida

Years ago, if there was a heated argument in the house, you could call 911 and the police would come and calm everyone down. Nowadays, if 911 is called, someone is going to jail. Even a 911 hang up will result in police showing up at your door. They will insist on coming in for a safety check. They will generally talk first to the person who made the recorded call. Sadly, many police form their opinion after talking to only one party, generally, the woman. They get her side of things, particularly if the responding officer is female and turn a blind eye to your version of what happened or the evidence. Someone is going to jail, no matter what. The police are afraid of being sued if they leave both parties together so most of the time, one or the other is taken away in cuffs. Ninety per cent of the time alcohol is involved.

Alcohol fuels a lot of nasty emotions. A wife or girlfriend may have been your best drinking buddy earlier in the evening but may have turned on you in a jealous rage over something trivial. I have seen 100 pound women jump on 300 pound men like a wildcat scratching and kicking and screaming. Many times the man may try and restrain her by holding her arms, only to later be arrested for assaulting her. Alcohol fuels jealousy and resentment. Many times hard financial times lead to drinking and money problems are the trigger that ignites a fight. Sometimes one party or the other may be taking prescription medication that triggers an outburst. If you are a Vet, there may be a PTSD issue at the core of your marital dispute.

As criminal defense lawyers here in Ft. Myers and the Cape we have handled hundreds of domestic violence cases. We regularly get “no contact orders” set aside or modified. Jumping on these cases early is important. Do not wait until your first court date, the arraignment. By then, the case will have already been filed. We may be able to convince the State Attorney to drop the case before it gets filed. There are lots of immediate consequences to a domestic battery arrest. Your concealed weapons license is in jeopardy. Your employer may fire you. Your picture may end up on Mugshots.com on the Internet. Sometimes a phony accusation may be just the beginning of a divorce proceeding and designed to get you out of the house. Sadly some civil lawyers jump at the opportunity to use it as a mechanism to get control of the home. The DCF can also get involved is kids witnessed the argument.We have been doing this for years….Call 239 334 8890 for a free Consultation