Avoiding Police Arrests in Domestic Disputes

The American justice system attempts to protect the rights of victims and perpetrators after an alleged crime. After all, “innocent until proven guilty” is a cornerstone of our legal framework. Keeping this balance is not always easy.

Given this reality, Florida law enforcement officials are given extraordinary discretion in making an arrest following a domestic dispute — often at the expense of the alleged offender. Just ask Baxter Troutman.

The four-term Florida legislator was arrested on a domestic battery charge in November, 2012, after throwing a bedspread at his wife. He spent a mandatory night in jail after she called 911. His wife also stated that she was fearful since there had been previous threatening behaviors. But even if she had denied any allegations against her husband, law enforcement probably would have made the arrest anyway.

Anyone who has been accused of intentionally causing physical, emotional, psychological or sexual harm to a partner can be arrested and be prosecuted. Intimate partner violence is a real, pervasive problem. At the same time, no one should face the severe consequences of having a domestic violence charge on their record because a police officer misinterpreted the circumstances after a heated argument. If you are arrested on a domestic violence charge, keep this advice in mind:

• Stay calm and do not argue with law enforcement
• Do not make any statements
• Immediately contact a criminal defense attorney with domestic violence experience

Florida imposes strict penalties for domestic violence charges that can have devastating consequences. You need a knowledgeable criminal defense team that can protect your legal rights and negotiate a reasonable outcome.