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Battery/ Domestic Violence/ Injunction Cases

The days of “live and let live” are over. Law enforcement’s answer to domestic violence allegations is to “arrest everyone and let the court’s sort it out later”.

A battery arrest is sometimes made with no independent evidence of a crime, i.e. no bruises, black eyes etc. Prosecutors attempt to take these courts with no investigation into the surrounding circumstances- just the police report. Mr. Garland conducts an independent assessment whether the State can prove an incident of domestic violence beyond a reasonable doubt. If the evidence does not warrant the charge, then the case is ready for trial or pre-trial motions are filed, depending on the circumstances. For example, some cases merit the filing of a motion to dismiss under Florida’s Stand Your Ground Law.

Some cases of alleged domestic violence are actually attempts to get a “leg up” in divorce or child custody proceedings, or just plain revenge. These case are often accompanied be domestic violence injunctions. It is imperative that the person facing such a situation immediately secure a good lawyer. Domestic violence injunctions can last for a specific period of time or an indefinite period of time.

Some cases involve the use of alcohol or drugs, or mental health issues. Police arrest one or both persons (sometimes entire families) on little more than a confusing and unsubstantiated accusation. Mr. Garland has represented husbands who were arrested for battery for trying to keep intoxicated wives from driving. In one of these cases the drunk wife was planning to go sightseeing with an infant daughter strapped into carrier in the back seat. Another husband was arrested trying to restrain his bi-polar wife from intentionally cutting herself (he had called for an ambulance!). Yet another husband was accused of cutting his wife’s eyeball while she slept- even though there was no evidence that any such thing had happened.

Many battery cases turn out to be private matters between folks who never asked for an arrest and never suffered any injury. Still, each of these arrestees is forced to spend the night in jail because a judge has to set bond at first appearance.  The arrestee is then threatened with probation, or worse, for something they never did. Importantly, a conviction for domestic battery, or the imposition of a domestic violence injunction, will result in the loss of the right to keep and bear arms.

If you are wrongfully accused of an unjust battery, or domestic violence charge, or a domestic violence injunction, contact an experienced¬†Fort Pierce Battery Attorney immediately. When life, liberty and property are at stake, it’s no time to delay.

More information on Mr. Garland’s credentials and experience in this area can be found by going to the “cases” and “articles” portion of this website.