Last week, the police were called to a house in Dade City, FL regarding a domestic dispute. From the news article it is unclear who called the police. It seems the couple, who had 2 very young children were arguing about the man not having a job. They are accused of biting each other. Upon entering the house, the police found: filth, including animal feces and dirty diapers, a 7 month old baby and a 2 year old, meth, marijuana, and a pipe bomb. The woman, was arrested for child neglect, battery, and possession of drugs, as well as the pipe bomb. The man, who fled the house, was apparently not arrested, until several days later. (See St. Pete Times article from 8/22/09) That is the point of this blog.
In Pasco County, I hear more and more stories of women who are arrested for domestic battery when they are clearly not the victim, or, it is a clear case of self defense. Additionally, as in the above case, someone, and rarely both, is arrested for possession of drugs or firearms, when there are clearly two people living in the house. Why arrest the woman? Because she was there. To the police - why not go look for the man? Why does he get away and the woman takes the rap?
I've represented women who were defendants in domestic violence cases who were clearly the victim. A common fact pattern is one where the man is attempting to prevent the woman from leaving the home during an argument by taking her cell phone and/or car keys. In an attempt to get away, the woman will push the man out of her way trying to get away from him. SHE gets arrested for battery. What's wrong with this picture?
Additionally, we've all heard stories about woman with Domestic Violence Injunctions against someone, who are killed, or harmed, or worse yet, their children are. The case in Tampa where the boyfriend was hiding in the girl's house and stole her baby and threw him out the car window. (McTear) There was a case in North Carolina last year, where the wife had a domestic violence injunciton against the husband and he snuck in the house and raped and killed her 17 year old daughter. (Read article) Why don't domestic violence injunctions work? Because it's merely a piece of paper - it's not a safeguard.
If you are a woman, and you're the victim of domestic battery, call me.
And to the police - the policy on domestic violence, especially in Pasco County, is an accident waiting to happen, and entirely preventable with a little education and training.
