Must There Be An Arrest After A Domestic Dispute?

During a domestic dispute, in the heat of the moment, getting arrested may be the last thing on your mind. However, Florida law has what is known as a mandatory arrest policy when it comes to these matters. What this means for you is that if law enforcement believes there is probable cause to make an arrest, they are required to do so. If you are arrested and charged as a result of this arrest, enlisting a knowledgeable attorney can help protect your rights.

Unlikely To Arrest Both Participants

Florida law enforcement have fairly wide latitude to act in domestic dispute cases, with protecting the victim at the forefront of their rationale. State law explicitly allows for arrest without a warrant if the law enforcement officer at the scene has probable cause to believe that a person has “committed an act of domestic violence … or dating violence.” There is no specific definition of probable cause, but its closest analogue might be a person having a good faith, reasonable belief.

That said, the state actively discourages both parties in a domestic dispute being arrested and charged – if no clear aggressor is identified, law enforcement are advised to arrest no one. This may seem counterintuitive, but charging both parties with the same offenses effectively teaches the person who was only defending themselves that there will be consequences for doing so.

There Is A Paper Trail

It is important to keep in mind that even in cases of domestic dispute where no arrests are made, the incident is kept on file, so to speak – the responding officer or officers must complete relevant paperwork and keep it in case further incidents occur. This ‘paper trail’ both preserves a history and can potentially protect victims in the future. If you are involved in another dispute sometime down the road, this paperwork can show a pattern of violence.

If you are arrested and charged, though, be advised that Florida takes a very tough approach to cases of domestic violence. State’s attorneys are explicitly urged to prosecute defendants in this position, and if convicted, sentences are stiff. Without the right legal help on your side, you may face time behind bars, plus fines and other consequences.

Contact A West Palm Beach Domestic Violence Attorney

Being charged with a crime of domestic violence can throw a wrench into your life. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can protect your rights and make certain you get a chance to tell your side of the story. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0901/Sections/0901.15.html