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A battery arrest is sometimes made with no independent evidence of a crime, i.e. no bruises, black eyes or witnesses. 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 upon 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 gain an advantage in a divorce or child custody proceedings, or just an effort to get revenge. These cases are often accompanied by 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. It should be noted that any person subject to a domestic violence injunction no longer has the right to keep and bear firearms under the Second Amendment. Needless to say, there is a lot a stake in these types of cases.
Some domestic violence cases involve the use of alcohol or drugs, or the presence of mental health issues. Police sometimes arrest one or both persons 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 or girlfriends from driving. In one of these cases, the drunk wife was planning to go sightseeing with an infant daughter strapped into a carrier in the back seat. Another husband was arrested trying to restrain his bipolar wife from intentionally cutting herself. Yet another husband was accused of cutting his wife 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, like the imposition of a domestic violence injunction, will result in the loss of the right to keep and bear firearms. The loss of these Second Amendment rights is permanent when there is a domestic battery conviction. In contrast, the Second Amendment rights are regained after a domestic violence injunction is dismissed or lapses.
If you are wrongfully accused of battery or domestic violence, contact an experienced attorney immediately. When life, liberty and property are at stake, there is no time to delay.