OK guys, I need some serious advice......

[BeetleJuice]

At 1am Friday, my stepdaughter was arrested on a domestic violence charge. Her BF beat her pretty bad yet she was the one arrested because the boys father knew the cops on the case.
From what I gather, the events are as follows:
She went to some friends house. He gets pissed and goes to get her. He drags her out then later pushes her out of a moving vehicle. He made threats as well against her and her friends.
She gets a cab and makes in known to the driver that she is afarid of him.
She gets home and he uses his physical presence to intimidate her as well as poking her while yelling at her, Much like a drill instructor uses when in boot camp, in your face kind of intimidation without the poking.
She pushes him away. He grabs her by the back of the neck and procedes to beat her in the face. The fight stops and restarts a couple times . BF shoves my wife who is down there for medical treatment, out of the way to go at her again.
Cops berate Lisa til she says its her fault.
BF father knew the cops on the case. Went to school with them apparently.
They refuse to take my wifes statement.
My wife is threatened with arrest.
BF has a scratch on his arm.
Lisa was finally released from jail around 10 pm tonight.
During her incarceration she is not given any medical treatment whatsoever.
At the time of this posting she is in the ER room awaiting treatment.
I am 2 states away without any form of transportation til after the first of the month.
Anyone interested in seeing the damage this guy did to her can go to my chihuahua link and the first 2 pics are at the top of the links.
She has a black eye, the entire left side of her face is swelled from eye to jaw. She has roadburn on her elbows and bruises on her upper chest.
BF is known to have a brown belt in the martial arts.
I need to know what I can and cannot do to ensure this guy does not lay a hand on my daughter ever again and to see that he is punished for what he did.
my wife has contacted a lawyer and an advocate is coming monday to take her statement as well as the friends and cab driver that brought her home.
Thanks for letting me ask and to vent some i guess. Right now I am very frustrated because I cannot be there to help.
Edit: This is happening in Florida. I'm stuck in South Carolina
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[This message has been edited by BeetleJuice (edited March 24, 2002).]

[This message has been edited by BeetleJuice (edited March 24, 2002).]

[This message has been edited by BeetleJuice (edited March 24, 2002).]

[cleoeo]

You are taking the right steps. The paperwork is what's important, since that's what will still be around six months from now. Pictures also. Police officers don't spend much time getting statements, photos, etc in a domestic. As a result, you need to record the facts yourself, sign and date, and submit as a statement to be attached to the arrest file. Otherwise all there is to go on later is the police report. Be straightforward and factual, not overly emotional or accusational. The fact that BF's father knows the arresting officers may or may not have any bearing on your stepdaughter's domestic violence charge; don't dwell on it at this point.
Your stepdaughter should request a restraining order on BF. I predict that the Domestic Violence charge against her will be dropped and the District Attorney will expect her to be grateful for this.

I will help you out as much as I can Beetle, but I must say, my area is more legislative research, not criminal caselaw. However, I am researching right now....

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Co-Owner
Bueno Technologies

If she was living with her boyfriend at the time, you can pursue a domestic violence charge against him. For information about domestic charges go to:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0741/titl0741.htm&StatuteYear=2001&Title=%2D%3E2001%2D%3EChapter%20741

And start reading from 741.28 onward

If they were not living together a general charge of assault and battery would be more appropriate. For information on that go to:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0784/titl0784.htm&StatuteYear=2001&Title=%2D%3E2001%2D%3EChapter%20784

And read from 784.011 onward

Section 901.15 (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0901/SEC15.HTM&Title=-&gt;2001-&gt;Ch0901-&gt;Section%2015) states that the officer must witness a person break a municipal ordinance or commit a misdeameanor or felony, or must believe the person had comitted a felony for the officer to arrest that person. Let's assume that your stepdaughter did "start it". Unless she held a deadly weapon and threatened her boyfriend with it (aggravated assault), the most she COULD be charged with is a misdemeanor (assault - if the boyfriend said she threatened him). In that case, unless the officer witnessed it, I don't believe he had authority to arrest her.


More research coming soon...

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Co-Owner
Bueno Technologies

[BeetleJuice]

Thanks for what you've found so far Jeff.
Now, based on what i have read in Title XLIII, Chapter 741.28, Domestic violence is :

any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.

OK. This is fairly straight forward. Now to the definitions of assault

assault

adj : used in an attack; "assault weapons", "attack planes" [syn: assault(a), attack(a)] n 1: close fighting during the culmination of a military attack 2: an intentional physical attack or beating that causes unlawful violence to another person [syn: battery, assault and battery] 3: turning your attention to a problem or a job etc.; "his attack on the problem was misguided"; "he did not make a direct assault on her affections" [syn: attack] 4: the crime of forcing a woman to submit to sexual intercourse against her will [syn: rape, violation, ravishment, sexual assault] v 1: attack someone physically or emotionally; "The mugger assulted the woman"; "Nightmares assailed him regularly" [syn: assail, set on, attack] 2: attack verbally, in speech or writing; "The editors of the left-leaning paper attacked the new House Speaker" [syn: attack, round, assail, lash out, snipe]
(Taken from Dictionary.com)


Notice it says ATTACK SOMEONE PHYSICALLY OR EMOTIONALLY : ATTACK VERBALLY, IN SPEECH OR WRITING
Now, to my limited knowlegee and possibly flawed logic, I would say that the cops really screwed the pooch on this one.
This guy make threatening gestures and verbally assaulted my daughter BEFORE she pushed him away, upon which he commences the battery

Again from Dictionary.com
as·sault Pronunciation Key (-sôlt)
n.
1. A violent physical or verbal attack.

2...A....A military attack, such as one launched against a fortified area or place.
....B....The concluding stage of an attack in which close combat occurs with the enemy.

3....Law.
...A....An unlawful threat or attempt to do bodily injury to another.
...B....The act or an instance of unlawfully threatening or attempting to injure another.

4....
...A....Law. Sexual assault.
...B....The crime of rape.


Now, you guys please point out the flaws in my logic.
He DRAGS her out of friends house.
He PUSHES her out of a moving vehicle.
He makes VERBAL THREATS against not only her but her friends AND her mother.
He SHOVES her mother out of the way for yet another physical attack.
He is shouting in her face and poking her in the chest while shout at the house before he beat her.
Who instigated the assault? Her by pushing him out of her space??????This is why I cannot understand why he too was not arrested. That I COULD have lived with. But NO!!! She goes to jail and he doesn't. HE gets a restraining order, hers has so far been denied.


Thanks again Jeff. The info is very useful and will be used in whatever way allowed

[~wildangel~]

That sucks Beetle...poor girl! That's such bull**** they took her to jail http://www.dumblaws.com/ubb/rolleyes.gif
If a woman fights back she goes to jail and it's so messed up cause were the ones that get poked and our buttons pushed and we end up with the bruises. Men end up with a tiny mark if we finally get to hit them!
(and Im talking about abusive men)

I hope everything works out Beetle and I can imagine you hating being so far away right now, as you probobly would have killed him!
I can imagine how upset you must be...
*hugs to Beetle and to Lisa*

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[CBranski]

Beetle, I just saw the photos on your site and cannot imagine how Lisa was the one arrested in this incident! Bear in mind that I'm not a laywer, just the son of a Milwaukee cop, but this makes no sense to me.

Cleo is correct when he suggests keeping paper records and photos-any DA or solicitor with half a brain will drop the charges against Lisa based on the photos alone.

I hate to say this, but given the fact that the cops involved know the BF's father, they also know the DA. If necessary you may have to be prepared to spirit her to SC with you guys.

I wish you both the best and I can assure the victim that she can do a lot better than the slug who did this to her. I hope I was able to help and the best of luck to you guys.

God Bless...

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Tony Soprano for Sherriff!

Use the Florida State Code definition, not dictionary.com....

784.011 Assault.--

(1) An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

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Co-Owner
Bueno Technologies

[BeetleJuice]

Thanks yet again Jeff. That clears up how the law sees it. Now the question remains why the law didn't look at it that way in this instance.
I really appreciate all the effort you've gone to on my and my family's behalf, and it will never be forgotten.
Update on daughters condition, She is bruised and sore, and very confused. The bruises will heal. What concerns me is the emotional and psychological scars this event has caused. What happens the next time she needs to call the law for protection? The Law has failed her as of this time and there is really nothing that can erase that failure.
What does one do when the Law fails. Where do we turn?
Maybe I have an idealize view of the Law even though it has failed me once upon a time. Maybe I look at the world through rose colored glasses. I just think there should be SOME way to protect the victims, NOT punish them.
Thanks again Jeff, this information will be very useful hopefully in turning an injustice into justice
Tim

[The Horseman]

I know nothing about the law in the US, so I can't be of any help to you apart from the fact that you and your stepdaughter have my deepest sympathies.

Good luck with whatever you plan to do

[xV35ballx]

I'm very upset right now. So I may not make sense. However, I'm going to do the best I can. First things first. I am incredibly sorry this happened. I wish Lisa a speedy recovery, & the best of luck in all future dealings with this matter.

Now, I don't know much about the laws. Sorry, just haven't gone to the cops for my former situations. However, here's what I DO know.

Y'all should get Lisa into therapy asap, & a self-defence course even quicker. You're right when you say that it has left emotional wounds along with the physical. And the sooner they are dealt with, the better it will be for her.

Also, I don't know if this is doable or not, but if it is & Lisa wants it, I recomend that she not be left alone for a while. There's no telling when or if she might have flashbacks, & it's best if someone's there with her should she have them. Also, it would probably also help her feel better to know that there's someone she trusts there with her.

Again, I'll be the first to tell you that I don't know the laws, mainly because, as I said, I didn't go to the cops. Then again, my situation never resulted in the kind of violence that Lisa received.

Something else to keep in mind. She very well may try to blame herself, especially since the cops are trying to blame her. Be prepared to tell her over & over again that it was NOT her fault, that the cops are idiots, & that she did NOTHING wrong.

I repeat my wishes to her for a speedy recovery & the best of luck in continuing to deal with this. If she (or anyone else for that matter) wishes to contact me by e-mail, my address is Truthteller@bolt.com She is not alone, & she shouldn't feel alone, just as she is NOT at fault, & should not be blamed for this.

Amanda

I suggest taking photographs of her injuries if you haven't already. She might file a complaint against him. The police can't stop her from doing that, and she probably has about 30 days to do it. A physical examination by her doctor may be invaluable in court. Put the heat on the jerk who deserves it.

[Idnew]

This must have happened in my town. It sucks up around here and a lot of under the table crap goes on.

That makes no sense. Actually I would think the mother could also file charges for the assualt on her. Then find an attorney that doesn't have any clicks where the incident happened then see if the attorney can get a change of venue to another county, especially if you find out the Judge is also a friend of so and so. This looks more to be a case of assault and battery on your daughter.

Best of luck on this and please keep us informed.

My sister and brother-in-law were on their own property outside in the yard having a very loud verbal argument and someone called the law and they were both arrested for domestic volence and neither one layed a hand on the other.

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[jettmotto]

hey beatle,not that it helped me http://www.dumblaws.com/ubb/mad.gif but i did it anyways... go to the police station, file a complaint with the captian, for this you need witnesses, badge numbers or names of officers who didn't do thier jobs, and pics if you have them. and finally restraining order!