domestic battery

[2ftykk]

What is the name of your state (only U.S. law)?

FLORIDA
hello. i was charged with domestic battery 1,5 months ago. i just took the phone away from my wife because she was screaming. court offering 12 months probation and classes. i am planning to go to trial. if for example i loose the trial can the court send me to jail? thank you.

 

[Banned_Princess]

What is the name of your state (only U.S. law)?

FLORIDA
hello. i was charged with domestic battery 1,5 months ago. i just took the phone away from my wife because she was screaming. court offering 12 months probation and classes. i am planning to go to trial. if for example i loose the trial can the court send me to jail? thank you.

Was she on the phone with 911 at the time?

 

[Ohiogal]

Was she on the phone with 911 at the time?

Doesn't matter if she was on phone with 911 or not. What matters is he removed the phone from her without her permission -- an illegal touching.

 

[CdwJava]

Doesn't matter if she was on phone with 911 or not. What matters is he removed the phone from her without her permission -- an illegal touching.

Actually, that can be an additional offense - potentially much more serious in some states.

 

[Ohiogal]

Actually, that can be an additional offense - potentially much more serious in some states.

True. Sorry should have been more specific. It doesn't have to be 911 she is calling for it to be battery however.

 

[dkts'smommie]

What is the name of your state (only U.S. law)?

FLORIDA
hello. i was charged with domestic battery 1,5 months ago. i just took the phone away from my wife because she was screaming. court offering 12 months probation and classes. i am planning to go to trial. if for example i loose the trial can the court send me to jail? thank you.

You should move to La, because you would never get domestic battery for taking someone's phone away. If that's how it all went down. Which I doubt that's how it went down. I find it very hard to believe that they would charge you with domestic battery for something like that. Besides, why did you even have to grab the phone? If you weren't doing something wrong, you wouldn't of had to grab the phone....

 

[Childrencome1st]

Restraining orders are abused. It is a shame the laws don't justify it.

Any person be it a man or woman can mearly say. " I'm scared" and get an order.

Clear violation of constitutional rights.

 

[cyjeff]

Restraining orders are abused. It is a shame the laws don't justify it.

Any person be it a man or woman can mearly say. " I'm scared" and get an order.

Clear violation of constitutional rights.

Exactly what constitutional right gives you the ability to scare another person?

 

[Isis1]

You should move to La, because you would never get domestic battery for taking someone's phone away. If that's how it all went down. Which I doubt that's how it went down. I find it very hard to believe that they would charge you with domestic battery for something like that. Besides, why did you even have to grab the phone? If you weren't doing something wrong, you wouldn't of had to grab the phone....

taking anything off of someone's possession without their consent is a crime.

it doesn't matter if it's a marshmellow or phone. if they have it in their hand and don't want you to take it, you don't touch it.

 

[CdwJava]

Restraining orders are abused. It is a shame the laws don't justify it.

Any person be it a man or woman can mearly say. " I'm scared" and get an order.

Clear violation of constitutional rights.

It is not generally that easy, and it is not a violation of one's Constitutional Rights.

Some judges might be a pushover for an unsupported statement, but most are not.

And just which Constitutional right do you believe is being infringed upon with regards to restraining orders?

 

[stealth2]

What is the name of your state (only U.S. law)?

FLORIDA
hello. i was charged with domestic battery 1,5 months ago. i just took the phone away from my wife because she was screaming. court offering 12 months probation and classes. i am planning to go to trial. if for example i loose the trial can the court send me to jail? thank you.

And this is Mr. Innocent's *other* post, from December:

What is the name of your state (only U.S. law)? --- FLORIDA.
I was arrested and charged with battery on LEO, resist arrest w/ violence, driving while license suspended with knowledge. I didn't do any of those. Just the cop I passed while driving got scared and angry, he pulled me over and attacked me. Unfortunately there were no camera in his vehicle. I filed complaint against him, gave my statement to his supervisor. Today at court I was told that charges not filed, if something changes I will be notified. Is it possible state attorney will not file charges? Because even in police report it doesnt say that I hit a cop, just tried, but sais he punched me 6 times. Thank You.

Interesting how it's always someone else's fault when he gets arrested - the screaming wife on the phone, the "scared and angry" cop who pulled him over... next time, will it be the 3yo who pees on his flowers?

 

[Childrencome1st]

All I meant was that there are times when restraining orders are abused.
(Based on false accusations)

That is the reason there are cases going on to change the restraining order law to "proof", instead of a mear accusation.

And it is a shame, because they were meant to protect people from violence.
But when people abuse the legal system, in the content of gaining an advantage in child custody cases, it is just plain wrong.

 

[Isis1]

All I meant was that there are times when restraining orders are abused.
(Based on false accusations)

That is the reason there are cases going on to change the restraining order law to "proof", instead of a mear accusation.

And it is a shame, because they were meant to protect people from violence.
But when people abuse the legal system, in the content of gaining an advantage in child custody cases, it is just plain wrong.

if the restraining order was handed of based on false accusations, the the accused has an oppurtunity to prove otherwise.

in this case, the OP admits to the violence.

 

[Childrencome1st]

I agree, It is just known fact, that there are many times restraining orders are used as a basic to gain advantage in child custody cases.

It was just in the paper the other day that in NJ, 92% of restraining orders granted in the content of child custody cases are based on false accusations.

It is called, abuse of the legal system. And, again that is why the restraining order laws are being looked at by legistration/congress.

 

[Isis1]

I agree, It is just known fact, that there are many times restraining orders are used as a basic to gain advantage in child custody cases.

It was just in the paper the other day that in NJ, 92% of restraining orders granted in the content of child custody cases are based on false accusations.

It is called, abuse of the legal system. And, again that is why the restraining order laws are being looked at by legistration/congress.

so it doesn't apply to THIS thread.

this side topic, is called hijacking.