When police departments receive reports of domestic disturbances, officers head to the location of the dispute to intervene if necessary and (ideally) assess the situation carefully. Frequently, domestic violence cases are he-said, she-said scenarios where each party levels accusations against the other, and police officers do not know what actually happened.
Unfortunately, given the strict rules in place in Florida, officers responding to domestic violence calls often have no choice but to arrest one of the people involved in the incident. Under Florida’s unique statutes, officers with probable cause to believe that domestic violence occurred must arrest the person who committed the violence, even if the other party involved does not wish to prosecute that person.
How do officers establish probable cause?
The party who called to report the domestic dispute may have already provided information about who was louder or who may have asked for help. That information, along with any prior calls to the same address, can influence how police officers evaluate the situation upon their arrival.
They look for signs of significant injuries or violence-related property damage, such as holes punched in the walls. They determine if children were present. They speak to both people present and anyone else who can provide information as a witness.
If police officers note that injuries, witness statements or other details make it clear that one party engaged in an act of violence toward the other, they may arrest the person they believe initiated or escalated the confrontation. However, their limited insight into the situation may result in a mistake.
Those accused of domestic violence or in a volatile relationship where conflicts sometimes draw the attention of neighbors need to understand how Florida police officers handle domestic violence calls. If an arrest does occur, the unwillingness of the other party to participate in the state’s case does not prevent a prosecutor from bringing charges.
Discussing the situation with a domestic violence defense attorney can help people evaluate options for fighting their charges. The right strategy can help people to avoid jail time, criminal records and the secondary consequences of a domestic violence conviction.
Those hoping to fight their pending domestic violence charges may need the support of an experienced criminal defense attorney from the Law Firm of Scott T. Moorey. Schedule a free consultation today by clicking here or calling 855-814-4003.
