Hard times leads to increased Domestic Battery arrests

June 5 2021

Covid has taken a toll on all of us.  It has particularly strained the relationships of husbands and wives.  For many people, months of unemployment led to financial hardship.  Being trapped in the same house under hard times has led to drinking, and as we know, alcohol only makes things at home harder to deal with.

Getting arrested for Domestic Violence (domestic battery), can have serious consequences.  The Courts often impose a no contact order.  For most families, that is a disaster.  The family could not afford one place to stay, much less now another one for the charged family member.

For some people, getting arrested caused them to miss work and lose a valuable job.  Having to bond out created yet another financial hardship.  On top of that, in some instances, there is also a civil injunction hearing before a different judge, one other than the one in the criminal case.

http://On top of that, in some instances, there is also a civil injunction hearing before a different judge, one other than the one in the criminal case.Navigating the criminal Courts is not something you should do alone.  Many people are hurting for money, and have no choice but to rely on a Public Defender.  That, in many respects, is like going to a Public Health clinic.  Most private lawyers handle fewer cases and have more time to devote to individual cases.  Most of the domestic battery cases are misdemeanors but they still have dire consequences.  A domestic violence arrest can cause the surrender of your concealed weapons license and prevent you from buying a firearm.  A conviction can land you in County Jail, and a conviction may hurt you when it comes to future job opportunities.

As a Sarasota criminal defense lawyer, my  goal is to prevent a conviction, and hopefully reunite the family.  People who have loved each other for years may find themselves in a squabble that gets out of hand.  Many times, one or both,  have been drinking, and may have said or done something completely out of line.  Sadly, the State Attorney’s Office sometimes just files the charge for the Court system to sort out.

There are alternative solutions that may prevent a conviction.  Anger management counseling may be a better answer.  Taking alcohol out of the picture may restore the relationship.  There are programs that can deal with this issue and get help for everyone, eliminating the need for anyone to go to jail.

If you, a spouse or a relative have been arrested for domestic battery, talk to a Sarasota defense attorney before your Court date.  There may be a solution that diverts the case out of the system with a view towards restoring the family relationship.

Domestic battery is not just limited to husbands and wives.  Many times the issue may involve brothers, sisters, parents and sometimes a gay couple.  Jealousy may have triggered the confrontation.  Drugs, Gambling, loss of employment, all contribute to things getting out of hand.  Most lawyers do not charge for a free consultation, so if you have been arrested, it is worth a few minutes of time to get some advice from someone who knows the system.

Aiken and O’Halloran of Ft Myers and Sarasota SW Florida Criminal Defense / Domestic Violence Attorneys
Sarasota: 941-366-3506 and Ft Myers: 239-334-8890

Domestic Violence Arrests are on the Increase

Sean O'Halloran Fort Myers Criminal Defense - Domestic Battery / Domestic Violence Attorney 239-334-8890
Sean O’Halloran – Aiken O’Halloran Fort Myers – Fort Myers Experienced Domestic Violence Attorneys 239-334-8890



There is now a “perfect storm” causing certain types of cases to skyrocket here in Ft. Myers and the Cape.  The Covid 19 situation has put people out of work, out of money, out of patience and then made them stay home with the rest of the family.  If you add a little alcohol to that, you have a situation where tempers flare and arguments break out.  Sometimes the police get called in the mistaken belief that they will come out and calm things down.  Just the opposite happens.

If the police come out on a 911 domestic call, someone is going to jail.  The police are afraid to leave people that are arguing back and forth, and will find a reason to arrest someone.  A “battery” is a non- consensual touching.  It does not have to be violent.  Simply grabbing someone by the arm is a battery.  Simply restraining someone who is going nuts is a battery.  Simply poking someone with your finger is a battery.  Once the police arrest someone for domestic battery, it triggers a bunch of horrible events. 

The person arrested will sit in jail overnight, usually until the next afternoon, and then be brought before a judge for first appearance.  Many times the bond is unusually high and almost always, a no contact order will be entered preventing the person from returning home.  This is a real hardship in these Covid days.  Where can the person go if they cannot go home?  If you have to stay in a hotel, you run the risk of Covid.

     No contact orders can be lifted and that is where having a lawyer is a great help.  Many times, the prosecutor can be convinced not to file the charge, particularly when the facts do not warrant it.  Having a good defense lawyer on your side in the beginning is a great benefit and can save you money in the long run

If you have been wrongfully arrested for domestic violence and really did not do anything to justify an arrest for domestic battery, you need to get a good private domestic violence lawyer right away

We know it is hard times and money is tight, but if you wait for the Public Defender, it may be weeks before anyone is doing anything to get you back in your home.   It costs nothing to call for a free consultation.  You really need to know your options.

  These are hard and stressful times and many times the goal is a successful reuniting of the family, not making things worse with a prosecution

Domestic Violence Attorney Fort Myers

Sean O'Halloran Fort Myers Criminal Defense - Domestic Battery / Domestic Violence Attorney 239-334-8890
Sean O’Halloran Fort Myers Criminal Defense – Domestic Battery / Domestic Violence Attorney 239-334-8890

Arrested for Domestic Violence in Fort Myers or Cape Coral .. Domestic Battery is on the rise in Lee County…Call Now 239-334-8890



How did things get so out of hand?

Sean O’Halloran Lee County Criminal Defense – Domestic Violence Attorney 239-334-8890

April 10 2020

This “ stay at home”  (shelter in place) is driving everyone a little nuts.  What makes things worse is the fact a lot of people have lost their jobs and everyone is getting on everyone’s nerves.  This is probably the most time couples have spent together in years.  There is good news and bad news. 

Domestic battery and domestic  violence arrests are up in Ft. Myers and the Cape.  Couples are arguing and fighting and when the cops come, everyone loses.  In past years, if there was an argument, the police would come out, calm everyone down and leave.  Now, if the police are called, someone is going to jail.  They are afraid that if the leave both people there, they might go on to hurt each other.  The slightest “touch” will get someone arrested.  Many times, the husband is arrested, even if the wife does not want him to be arrested.  The cops have a tendency to put words in people’s mouths and exaggerate situations. 

When the courts get involved things get worse, not better.  The Courts at “first appearance” automatically enter a “no contact order” that keeps the parties apart.  I have seen guys end up living in their car.  No one can afford a second place to stay.  So many people have lost their jobs, even a misdemeanor arrest for simple battery can destroy a family’s finances

As Lee County criminal defense lawyers, we understand the terrible strain this puts on families.  We are human too and we understand how sometimes, particularly in the hard times created by Covid19, tempers get short, and words get out of hand, and someone can push or shove the other.  A simple battery can be just that, “simple”. There does not have to be injury.  A mild slap, grabbing someone by the arm, pushing someone away when they are in your face, or throwing something can get you arrested for domestic battery.

If you get arrested for domestic violence, the judge will try and appoint the public defender for you.  You may sit in jail days before you see your court appointed lawyer.  Domestic violence cases need immediate attention by a qualified experienced Ft.Myers criminal defense lawyer.

We may be able to get the no contact order lifted.  Our goal is to convince the prosecutor not to file the charge.  We may be able to reunite the family.  If you use the public defender, you will find that they do not handle temporary restraining orders.  If when the incident occurred, children were present, DCF (the department of children and families) may get involved.  That is a total nightmare. 

Hiring a good lawyer, the best lawyer for you is important.  Take the time to check out qualifications and experience.  Make the call.  Talk to the lawyer in person. 

Our initial consultations are free.  At least know what your options are.

I think I am going to be arrested….What should I do?

Aiken and O’Halloran Criminal Defense Attorneys

Lee and Charlotte: 239-334-8890

Sarasota and Manatee 941-366-3506

February 6 2020

If you have heard that the police are looking for you, or want to talk to you, you absolutely need to talk to a lawyer before it is too late.  If you don’t, you may end up confessing, you may end up being wrongfully charged, wrongfully arrested or end up sitting in jail on a high bond.  No one wants to spend money on a lawyer unless it is necessary and most lawyers do not charge for an initial consultation. As a Lee County Domestic Battery Attorney, In many domestic violence cases here in Ft. Myers after a spouse or neighbor calls 911, the person involved has left the scene by the time the cops arrive.  Many husbands and boyfriends simply leave after an argument to cool off.  By the time the police get there, they are gone.  Leaving may not solve the problem.

When the police come out on a 911 domestic violence call, they will generally talk with the “caller” first.  Many times the woman, who is angry, may exaggerate what really happened.  She may blow things way out of proportion.  Many times, it is the woman who started the fight….but that is not what the responding officers will hear.  If you don’t have a good defense lawyer, chances are, down the road you may get arrested and sit in jail on a high bond.

Many times, the woman who originally exaggerated or outright lied, may come to her senses but not know how to take back what she said.  It is really important to get good legal advice.  Do not talk to the police unless you talk to a criminal defense lawyer firstMost lawyers do not charge for an initial consultation.   Don’t make the mistake of thinking you can talk your way out of it with the police.

Many domestic violence arrests are bogus.  The police have only heard one side.  In our experience as Fort Myers Domestic Violence Attorneys, we see the charges here in Ft. Myers and the Cape can end up being very serious.  You could end up getting arrested in Lee County for Aggravated Battery, Aggravated Assault or Simple Battery.

Our criminal law offices in Fort Myers and Sarasota also handles stalking cases.  Sometimes, in frustration in a domestic situation, people go a little nuts and light up the other persons cell phone with hateful texts or chat.  You can get charged with Cyber Stalking by over reacting and sending multiple disturbing texts.  Some people may in frustration post naked sex-pics of a former partner.  You could end up getting charged with “Revenge Porn”.  Sometimes in domestic cases, in frustration, a person may trash the other persons car and get charged with Arson or Malicious mischief.  They may flatten tires or key the car in anger. 

A really good defense lawyer may be able to keep you from being arrested, having to post a high bond or sit in jail 

Falsely accused of Domestic Violence

Aiken and O’Halloran -Domestic Violence Attorneys

Lee -Charlotte -Sarasota- Manatee

Sarasota: Peter D Aiken


Fort Myers : Sean C. O’Halloran


Ever since the OJ Simpson case, police responding to 911 calls have been making a “rush to judgment” as to who to arrest, and half the time they are wrong.  Most responding officers assume the woman is the victim.  As a Ft. Myers Domestic Violence Defense Lawyer , I have had cases where the husband or the boyfriend has called 911 because his spouse is drunk or jealous, or both, and has gone nuts attacking him.  Many times the man will simply restrain the woman who is scratching, kicking, throwing things, and many times, his restraint is to protect her from injuring herself.  Half the time, the arresting officers get it wrong and arrest the wrong one.

A domestic violence arrest can be for “simple batteryfor something as simple as pushing or shoving.  There does not have to be injury.  If there is injury, such as a black eye, a cut or contusion, or even worse, like something requiring stitches, the charge will be aggravated battery.  That is a charge that involves serious injury or a weapon.  That is a serious felony that can land you in State prison.  It can be an aggravated assault if a threat is accompanied by a gun or knife

Whether it is a misdemeanor of a felony,  the arrest alone can trigger a series of horrible consequences.  The man, at first appearance, will likely be told by the judge to have no contact as a condition of his bond.  This is an absolute nightmare.  The man may end up sleeping in his car.  If he and his wife work together, it is even worse.  He can lose his job.  If there are kids, the nightmare gets even worse.  Most families cannot afford two places to live.

Some women really are abused and for them, the no contact is a good thing.  For most couples, the incident was a result of drinking or jealousy and was a one time thing.  Many times, the prosecutors don’t want to hear the truth.  If a cop says it, they believe it.  Many prosecutors are women and automatically take the woman’s side, and feel they have a duty to protect the woman.  Even if the woman did not want her spouse or boyfriend arrested, the prosecutors will accuse her of being a “battered spouse” and not want to hear what she has to say.   I can’t tell you how many times it has been the wife or girlfriend that has hired us to get the case back on the right track.

Our goal is generally to help both the woman and the man resolve their issues.  Many times, it is a gay couple that has gotten into an argument or a fight.  Sometimes the police officers are a little homophobic  and judgmental and will give gay men a hard time simply because they do not understand gay relationships.

Do not wait until arraignment to hire a lawyer.  You may miss a valuable opportunity to get the case dropped or the charges reduced.  Sometimes, once something is formally “filed”, it is difficult to get it dropped or reduced.

As defense lawyers our job is not just to beat the case.  We live in this community and want to help couples that are struggling with alcoholism, drugs or sometimes bi-polar conditions that can trigger disputes.  It may be a matter of couples counseling.  It may be a matter of alcohol or drug treatment.  There may be real psychological issues that no one has diagnosed or treated

It costs nothing to call or come in and talk.  Contrary to popular belief, Lawyers do have a heart and it is not just a matter of money.  We want to help. Call when it is convenient for you.