If you even so much as even push or slap a family member or spouse or lover today — and we’re not talking here about a closed-fist punch, you’ll be arrested for the new crime of “domestic violence.”
In the old days — just a few years ago, the police would respond to the 911 call (assuming someone at the house made the call — or if one of your neighbors called) and if things were fine when the police arrived, ie, everyone was then calm and nobody wanted to “press charges,” the police would often leave the home without making an arrest. Not anymore. Those days are over, and not just because of political correctness — it’s now the new law.
The new Florida Statute that defines and applies to the crime of domestic violence, requires the police to make an arrest if they are called to the residence in response to domestic violence allegations. If both the husband AND the wife did the pushing (e.g., to stick with the more harmless pushing or slapping example), then the police will arrest BOTH of them — unless one of them insists that they were the ONLY one doing the pushing; but, if each spouse or family member continues to maintain that the other spouse or family member committed the offensive act of violence, then the police will take both of them into custody and bring both of them to jail.
In this scenario — and assuming that the husband and wife have little children in the home at that time, the police will call the “Department of Children (“DCFS”) and Family Services” and the children will then be taken to some other home, ideally the home of a close relative and often a grandparent, ie, assuming the relatives are willing and able to help — and if they’re not around, then you can imagine the worst case scenario with strangers and foster parents getting involved with the kids.
If this sad scenario and change in Florida law is not frightening enough:
Now in Florida, if a spouse or family member even attempts to take the phone away from the other spouse or family member, ie, ostensibly to stop the other from calling the police — perhaps hoping to dissuade them from making the call, or to make amends, then they unwittingly commit a new, much more serious crime, a felony.
Yes, many family members are now being arrested today on this new felony in this increasingly volatile and complex arena of “Domestic Violence.” A simple “push” that is otherwise a “misdemeanor” offense of “domestic violence,” is then elevated to a “felony” charge of “interference/obstruction with a communications device.”
To make matters even worse, the husband or wife (or the son or daughter, depending on who went to jail!) will go right BACK to the same jail on yet another new crime called “Violation of Restraining Order,” if they so much as even make a phone call to the “victim” loved one, ie, when they’re first released from jail on bond. They may call to ask, “Honey, why did you do this?” Making the phone call is itself a “violation” of the conditions of bond AND the restraining order that is almost always issued in connection with a “domestic violence” arrest — and not just the phone call. If you send a greeting card or flowers in an attempt to apologize, for example, these acts are also a violation of the “no contact order.” The formerly jailed individual who was. Just released, will be rearrested on this new crime or charge, and be taken right back to jail and need another $3,500 to bond out yet again! And of course you can’t call the same spouse or victim in hopes of getting any help with the new bond, as that would only be another crime.
There is so much you need to know now, and as a Fort Lauderdale domestic violence defense lawyer, I would be very happy to explain. Domestic Violence laws in Florida are always changing, feel free to call me at 954-766-8810 and I would be honored to help you as a criminal defense attorney in Ft. Lauderdale.
Visit our Criminal Defense Blog for even more information on Domestic Violence Crimes.
