How Does Law Enforcement Handle Domestic Disputes?
Domestic disputes can happen at any time, between any two people who share a certain relationship. However, not all of them will follow the same path – some are easily patched up, while some require calls to law enforcement and possibly even criminal charges. If you find yourself involved in a domestic dispute in Florida, it is important to be aware of the process, and of the laws surrounding this type of charge. The right attorney can help.
At Least One Arrest
Perhaps one of the most important things to keep in mind in these moments is that Florida law requires that law enforcement arrest the person they believe was the primary aggressor in the dispute. Specifically, they must arrest the primary aggressor if (1) probable cause exists to do so; and (2) the law enforcement officer (LEO) reasonably believes the person may be a threat to themselves or others. The LEO does not need to have seen the violence for this to happen.
Sometimes it can be difficult to determine the primary aggressor, but LEOs are required to consider several factors in trying to make that determination – for example, any history of past calls to the home, any indication of self-defense behavior, and any visible signs of injury. They also must conduct what is known as a lethality assessment, instituted after the Gabby Petito Act was signed into law in 2024. However, sometimes LEOs do name the wrong person as the primary aggressor.
Potentially Serious Consequences
If you are arrested, rightly or wrongly, as the primary aggressor in a domestic violence dispute, it is important to be aware that certain rights you have are immediately affected. For example, the federal Lautenberg Amendment, as well as Florida law, holds that if you are charged with a crime of domestic violence or become the subject of a domestic violence injunction (DVI, or restraining order), you lose your right to possess firearms. This becomes permanent if you are convicted.
In addition, if you are not a citizen of the U.S., a domestic violence charge can trigger serious immigration consequences. Immigration law classifies alleged crimes in a different manner as domestic criminal courts do, and in many cases, a domestic violence crime will rise to the level of what is known as a crime of moral turpitude (“CMT”) – and a conviction may render you deportable.
Contact A West Palm Beach Domestic Violence Attorney
Domestic disputes can be highly volatile, confusing situations for all involved, but if you have been charged with this type of offense, it can lead to long-term consequences. A West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. can help protect your rights – contact our office today to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.29.html
