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.