Cross-Complaints In Florida Domestic Violence Cases

When Florida law enforcement responds to a domestic dispute call, they will often be met by two people both strongly alleging that the other is at fault. While it is generally not recommended for law enforcement to make dual arrests, it is more common than one might think for both participants to file cross-complaints – that is, each accusing the other of crimes of domestic violence. If this is happening to you, it is crucial to enlist the right attorney to protect your rights.

Uncertainty For Law Enforcement

State law makes it clear that the policy for law enforcement is to avoid dual arrests in domestic dispute cases whenever possible, because of a wish to avoid criminalizing defending oneself against abuse. They are directed to try and determine the primary aggressor, using potential clues like visible injuries or any past history of abuse. However, there are cases in which law enforcement may find it impossible to determine the primary aggressor.

If both parties to a domestic dispute appear to be equally culpable for the injuries to the other person, it does happen where both are arrested and charged with the underlying crime they allegedly committed – for example, domestic battery or false imprisonment, given that Florida does not have a single crime known as ‘domestic violence.’ Rather, if a person is convicted of a domestic violence crime, the presence of such factors are weighed at sentencing instead of charging.

No Contact Orders Are Common

If it does happen that both you and your dispute partner are charged with domestic violence offenses in Florida, know that both cases will almost certainly be separate. This means that communication between you and your opposite number will likely be restricted – which can be difficult, given that Florida law classifies domestic violence as only occurring between “family or household member[s], so if you cannot communicate with say, your spouse, it can make life difficult for a while.

If you are in this situation, the smartest possible thing you can do is comply with the court’s orders. This means not contacting the other person for any reason without the court’s permission, and documenting every piece of relevant evidence. While you cannot interfere in any way with your partner’s case, you still have every right to help your attorney establish a defense for yourself.

Contact A West Palm Beach Domestic Violence Attorney

While cross-complaints are not as common as one might think, they do occur more often than the average person assumes. If you have found yourself in this situation, a West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help – we understand the potentially delicate dynamics of cross-complaints and will protect your rights. Call our office today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.29.html