Florida Domestic Violence Allegation Proven Unfounded, Accuser Arrested

A Boca Raton woman was arrested on charges of domestic violence – but only after she called police alleging she had been the victim.

According to the Sun Sentinel, a 53-year-old woman called 911 following an argument with her husband. She alleged in the phone call that her husband struck her with a closed fist and threw dishes at her.
Initially, she told the dispatcher the attack occurred in the bedroom shared by the couple. But when officers arrived, her story changed to indicate the assault had taken place in the bathroom. Officers noted a smashed dish soap holder on the floor.

However, despite the alleged assault, police noted no visible injuries on the woman – which was odd for the severity of attack she had alleged.

She said her 73-year-old husband had fled in his vehicle after she called police.

A few blocks away, officers stopped the husband. When questioned about the alleged assault, he had a very different story.

By his account, he was the victim. He stated the two had been enjoying a football game together when they began to argue. The fight was fueled by the fact that his wife was reportedly mixing prescribed medication with alcohol.

Around 1 a.m., he went to sleep. A short time later, he said he was awakened by his wife punching him about the face, torso and arms. He said he got up and tried to stop her, but she bit his arm. He showed the officer the bite marks still on his arm. He said he had gone to bathroom to clean the wound and dropped the soap dish, shattering it on the floor.

With his wife continuing to shout from outside the bathroom door, he left and was on his way to his brother’s home when he was pulled over. However, he didn’t want his wife to be arrested.

Of course, it’s no longer necessary for police or prosecutors to have the cooperation of an alleged domestic violence victim in order to make an arrest. In this case, the wife was charged with battery on a person over 65.

Our Broward domestic violence defense attorneys highlight this case because it shows the continued perception some people have that authorities will automatically take the side of the female in these situations. Although that proved not to be true here, the reality is by-and-large that will be the presumption of officers arriving on scene.

That means all too often innocent people are put on the defensive. In many cases, these become a battle of he-said-she-said, and officers are all-too-quick to take sides soon after arriving, gathering evidence that supports their initial presumptions and biases.

It’s imperative for those arrested to seek legal counsel from an experienced defense lawyer in these situations, as the potential consequences are quite serious, including substantial fines, anger management course requirements, divorce and child custody repercussions and jail time.

Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:
Woman calls 911 after hitting husband, police say, March 30, 2015, By Kate Jacobson, Sun Sentinel
More Blog Entries:
Domestic Violence Charges Against George Zimmerman Dropped, Feb. 27, 2015, Fort Lauderdale Domestic Violence Defense Lawyer Blog

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