What is the name of your state (only U.S. law)? Florida
I would like some advice.
My wife and I got into an argument, both of had a few drinks in us, and the argument began to escalate. There was no physical contact between either of us. She was wearing sandals with a relatively high sole on them and when she went to step backwards she came down wrong and hurt her leg really bad (found out later she actually broke her leg), but during her fall she reached out and wound up scratching my face.
The combo of the alcohol and argument at the time I thought she did that on purpose and felt it prudent to contact the police and also have an ambulance come to evaluate her. The police took my statement and spoke to her. The paramedics determined that since she could walk she wasnt that hurt. The police took pics of my face and arrested her for Domestic Violence. They walked her out of our home on a broken leg with no shoes and put her in jail. I protested that I did not want her arrested, just the police there to de-escalate the issue, which of course did not have any bearing on the issue.
The next day, without the fog of alcohol, I realized she had never intended to hurt me, she is not a violent person. Also, there is now a No Contact order in place which I have tried with no success to have removed. I am the one that is now living outside the home because she and I cannot even communicate.
What steps do I take to:
A) Have the no contact order removed?
B) Have the charges dropped?
The state of Florida can prosecute DV cases regardless of what the victim wants. I am scared for her that she is going to be prosecuted for this and she in not even guilty of any crime.
How do you think I should proceed?
I would like some advice.
My wife and I got into an argument, both of had a few drinks in us, and the argument began to escalate. There was no physical contact between either of us. She was wearing sandals with a relatively high sole on them and when she went to step backwards she came down wrong and hurt her leg really bad (found out later she actually broke her leg), but during her fall she reached out and wound up scratching my face.
The combo of the alcohol and argument at the time I thought she did that on purpose and felt it prudent to contact the police and also have an ambulance come to evaluate her. The police took my statement and spoke to her. The paramedics determined that since she could walk she wasnt that hurt. The police took pics of my face and arrested her for Domestic Violence. They walked her out of our home on a broken leg with no shoes and put her in jail. I protested that I did not want her arrested, just the police there to de-escalate the issue, which of course did not have any bearing on the issue.
The next day, without the fog of alcohol, I realized she had never intended to hurt me, she is not a violent person. Also, there is now a No Contact order in place which I have tried with no success to have removed. I am the one that is now living outside the home because she and I cannot even communicate.
What steps do I take to:
A) Have the no contact order removed?
B) Have the charges dropped?
The state of Florida can prosecute DV cases regardless of what the victim wants. I am scared for her that she is going to be prosecuted for this and she in not even guilty of any crime.
How do you think I should proceed?