The Sad Truth About Domestic Violence
Domestic violence is another politically motivated and heavily enforced offense currently in the Florida criminal law statutes. More and more we hear about an arrest for spousal abuse and domestic violence batteries, domestic violence assaults, and even domestic violence murders. For the victims of real domestic violence these laws are a great start (go to our Domestic Violence Awareness page). But for those who have not committed domestic violence - the law can have devastating results.
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Charged with domestic violence? Act fast...
Here is the most important piece of advice on defending these cases - act fast. Experience has shown that a timely effort can make all the difference in a domestic violence case. Hire an attorney that has a plan of attack before you arrive for a consultation. These cases need to be addressed immediately from the beginning for the best results. We have found that by getting into a case early, before filing, we have a greater chance of getting the State Attorney's Office to drop the case before it ever gets to court.
How Domestic Violence is viewed by the State
Put on your boots - it's going to get deep! All domestic violence cases are reviewed and filed by specialized prosecutorial teams (who, by the way, are not formally trained in the psychology of domestic violence or spouse abuse). By statute, all State Attorney's Offices must provide specialized units to prosecute domestic violence cases. These cases are taken very seriously by the State Attorneys throughout Florida. But being taken seriously does not necessarily mean intelligently. Case in point:
Most domestic violence prosecutors pass through a seminar put on by the Florida Prosecuting Attorneys Association. At this seminar there are many Domestic Violence Chiefs from the respective Offices of States Attorneys. An example of the brainwashing that occurs is evident from one outline written by a lead prosecutor that I once interviewed with just before leaving law school. On her wall as I walked in to be interviewed was a sign that read "All Men Are A[**]holes." Her seminar outline included this list of goals for the victim and prosecutor:
A. Victim's Goal
1. Win: Stop the beating that was occurring at the time of the arrest.
2. Win: Get the batterer into counseling and/or to stop drinking.
3. Win: Make things better at home.
B. Your Goal [Prosecutor's goal]
1. Win: Convict the defendant.
2. Win: Convict the defendant.
3. Win: Convict the defendant.FPAA "Domestic Violence Basic Prosecution" Cape Canaveral, November 14-16, 2001.
A conviction does not automatically accomplish any of the victim's goals listed above. It may even make things worse. Even more absurd, today a 10 year old boy who gets in a fight with his brother, say age 8, can be arrested for domestic violence (which if convicted would require a 26 week batterer's intervention counseling program).
I have seen fathers arrested for disciplining their teenage sons, young men have been arrested on bare allegations by a scorned ex-girlfriend, and a 73 year old grandmother has been jailed because neighbors heard a loud argument.
This is not responsible prosecution
First, all true Domestic Violence batterers may be bad people but they are not all men (see http://www.batteredmenshelpline.org/). Second, this head of the domestic violence unit in a prominent State Attorney's Office has concluded that everything can be solved for the alleged victim if the state convicts the accused. Is it really that simple? Will a conviction automatically stop the beatings for true domestic violence offenders? Will a conviction automatically stop an alcoholic from drinking? Will a conviction really make things better at home?
What happens when the defendant is fired for the conviction?
Is unemployment an enhancement to a relationship? For those involved in a single incident/loud argument situation, the label is unjustified. Note that current law does not require proof of repetitive violence - the main characteristic of true domestic violence. The label of domestic violence may actually be detrimental to the relationship because of the impact on current employment, future promotions, and the economic impact on a family.
Young Prosecutors are not prepared for these cases
Unfortunately, young prosecutors are not given any direction for the inevitability of a victim that recants. Recantation and declining to prosecute happens in most cases because the case is either (1) not a true domestic violence situation (repeat violence behavior) or (2) it truly is. Confused? Domestic violence is a complicated psychological issue but when it comes to prosecution - justice takes a low road avoiding intelligence in order to win, win, win and convict, convict, convict the accused at the expense of the alleged victim, the courts, and the rest of us that bear the burden of the eventual total cost to society.
To Speak to Eric J Dirga, a Florida Criminal Defense Attorney
I represent people accused of misdemeanors and felonies for both state statutes and municipal ordinances. I have been doing this since 1995 in Orlando, Kissimmee, Sanford and surrounding Florida counties. Contact us to set up a time for a consultation either over the phone or in person.
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