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.