Ex-Husband Slapped Wife during Heated Argument over Child Custody
Charges DROPPED!The Charges
Ex-spouses got into a heated argument over the custody of their children. The Defendant became so enraged that he slapped the Victim twice in the face and then fled the scene. By the time the Police arrived, the Victim’s eyes had swelled completely shut. The Officers caught up with the Defendant and arrested him on Domestic Battery charges. The Court issued a No Contact Order pending the resolution of the Battery case.
Domestic Battery Charges in Florida
Domestic battery is a serious offense in Florida. It is defined as any unlawful touching of a family or household member. These members can include spouses, ex-spouses, persons living under the same roof, persons related by blood or marriage, those who have lived together as a family in the past, those living together as a family now, and those who share a child in common, regardless if married or not.
Domestic battery is a first-degree misdemeanor. A person may receive up to one year in jail or 12 months probation, and a fine of $1,000.
Additional penalties will include the following:
- Community service hours
- Completion of a 26-week Batterer’s Intervention Program (BIP)
- 5 days required jail time
- Loss of civil liberties
- No contact order
Defenses that are commonly used in Domestic Battery Charges include:
- Alcohol, Drug, or Substance Abuse
- Self-defense
- Defense of others
- Defense of Property
- Consensual confrontation
- mutual combat
- Child Custody Disputes
- Absence of injuries
- Battery allegations not corroborated by other evidence
- Injunctions Proceedings
- Mental Health Issues
- Pending Divorce
- Spiteful Family Members
- Factual disputes about the underlying incident
No-Contact Order
A no-contact order is given in domestic battery cases. This prohibits the defendant from having any contact, either direct or indirect, with the alleged victim. This order will be for the duration of the criminal case. This contact means in person, on the phone, emails, texts, facebook, twitter, Instagram, and any other social media sites. One also may not send faxes, letters, or packages to that person.
Winning With Musca Law Firm
If you have been charged with a domestic battery charge, you will need legal representation that will fight for your rights. Musca Law Firm has the power to do just that. Our law firm has highly experienced attorneys that are not afraid to negotiate with the prosecution. They will develop a strong and strategic legal defense for your case so you get the desired results from your court case.
We offer a free initial consultation to all new clients, and we accept phone calls 24 hours a day, 7 days a week. Don’t hesitate to contact our office at (888) 484-5057. Our attorneys are waiting to hear from you.
RESULT: The Musca Law Defense Attorney filed a Motion to Set Aside the No Contact Order in an effort to maintain the Client’s parent/child relationships; which the Court GRANTED. The Defense arranged family counseling for the parties and their children. The Defense convinced the Prosecution that moving forward with a trial would disrupt the positive steps the family had created. The Court agreed and DROPPED the charges against the Client!