Articles Posted in Domestic Violence

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In my practice as a Jacksonville Domestic Violence Attorney, I have seen many men that were the true “victims” in domestic violence cases. Quite often, a woman will become violent with the man. In some cases, the man must defend himself from her. However, if the police come to the door, they may listen to both stories, but they end up arresting the man or both of them for Jacksonville Domestic Battery. This is based upon the premise and stereotype that men are the abusers in a relationship, but this is not always the case.

A recent U.S. study surveyed 11,000 men and women. This study “found that according to both men’s and women’s accounts, 50 percent of the violence in their relationships was reciprocal (involving both parties). In those cases, the women were more likely to have been the first to strike. Moreover, when the violence was one-sided, both women and men said that women were the perpetrators about 70 percent of the time.” For an great example of such a situtation, read “No One Believed Me: When Men Are Victims of Domestic Violence” by Glenn Sacks, M.A. and Ned Holstein, M.D.

Jacksonville, Florida is no different from the rest of the country. Jacksonville residents are arrested for alleging abusing their girlfriends or wives that do not deserve to be. That is why it is important to address every Jacksonville domestic violence case with an open mind, and not succumb to stereotypes.

A Jacksonville Domestic Battery charge is one of the worse misdemeanors that a person can be charged with in Florida.  Most misdemeanors do not carry a mandatory sentence.  However, Domestic Battery and Driving Under the Influence (DUI) carry a mandatory probation sentence.  Under Florida Statute Section 741.281, if a person is either adjudicated guilty of the offense or the adjudication is withheld, he or she must attend the Batterers’ Intervention Program (BIP).  While this does not sound too difficult, it can be.  BIP is a six month program and can be very expensive.  It begins with a $30 fee that is due at orientation.  Then, the student must pay $65 for a evaluation.  After that, he or she must attend six months of classes that occur once a week.  These classes can range anywhere from $10 to $50 depending on the student’s income.  The defendant is placed on probation to complete BIP.  The probation office charges approximately $60 a month for the cost of supervision.  Not to mention, court costs are almost $1000. Thus, the costs can really add up.  

While BIP may be the proper solution for some Jacksonville Domestic Battery defendants, it is not a perfect fit for all.  However, the law mandates that the court issue BIP for all Florida Domestic Battery guilty or nolo contendere pleas.  The court does not have the discretion that it should when it comes to determining a sentence.  In order to avoid this, it is important to either get the case dropped, achieve a not guilty verdict at trial, or have the prosecutor agree to amend the charges to a lesser offense, such as simple battery or affray.  This should be the goal of any Jacksonville Domestic Battery Lawyer.  
Jacksonville, Florida is not the only city that handles domestic battery cases this way.  Attorney M. Shawn Matlock, wrote an interesting article that discusses the manner in which Fort Worth Texas deals with Domestic Violence cases.  

Yesterday, a nursing home worker was shot by her boyfriend in the parking lot of the Southpoint Terrace Skilled Nursing and Rehabilitation Center.  The two met in the parking lot of the Center, an argument ensued, and he shot her several times.

Domestic Violence occurs too often in Jacksonville, Florida.  Many victims of Domestic Violence do not know what they can do to stop it.  However, there are options available.  For instance, a victim of domestic abuse can petition the court for an Injunction for Protection against Domestic Violence (a restraining order).  Once this petition is granted, the other person cannot have contact with the victim.  If contact is made, he or she will be arrested and can serve up to one year in jail.
In the case of the nursing home worker, I seriously doubt that this was the first instance of violence.  She was likely eligible to obtain an injunction or restraining order against her boyfriend.  With this restraining order, she would have been able to call the police and have her boyfriend arrested just for showing up in the parking lot.  He could have been arrested just for calling her.  She did not even need to walk outside.  Additionally, he would have been caught carrying a firearm.  If he did not have a permit, he would have been charged with a felony.  

As Jacksonville Florida Domestic Violence Attorney, I have seen cases where restraining orders (injunctions for protection against violence) are needed and cases when the are abused.  Not every person that files for an restraining order needs one.  Sometimes, people petition for an injunction against for protection against violence as a tool.  For example, I represented a man (John) for a violation of a domestic violence injunction in Jacksonville, Florida.  The alleged victim (Jody) was his girlfriend.  They had a “love-hate” relationship.  Before I met John, Jody had a restraining order issued against him in Jacksonville, Florida (Duval County).  After the injunction was issued, they worked things out and moved in together.  On day, the couple had an argument, and she called the Jacksonville Sheriff’s Office.  John was arrested for Violation of an Injunction for Protection Against Violence.  He taken to the Duval County Jail in Jacksonville Florida.  The prosecutor filed charges against him and pursued the case.  

Eventually, I was able to get the charges dropped.  However, technically, he was guilty of Violation of an Injunction for Protection Against Violence in Jacksonville, Florida.  Due to the injunction, John was not to have any contact with Jody.  It doesn’t matter if Jody initiates the contact or wants to have contact with John.  
To learn more about Injunctions, speak with a Jacksonville Florida Domestic Violence Lawyer.  
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