She hit me first, why did I get arrested?

Peter D Aiken – Sarasota
Sean C. O’Halloran – Ft. Myers
Andrew Banya – Punta Gorda

March 2017

The police have a zero tolerance when it comes to domestic violence.

If a call is made to 911, 99% of the time an arrest is going to be made.

Most of the time it is the man who gets arrested, even if he is the one who called 911. The arriving officers generally encounter a crying woman and talk to her first. They are swayed by the first story they hear and most of the time believe the woman over the man. The woman could have attacked the man, she could have scratched him, thrown something at him or jumped on him, but they still believe the woman. This is particularly true if one of the responding officers is a female.

The deck is stacked against the man in the typical domestic case.

The prosecutors in the State attorney’s office who handle domestic cases are many times a woman. The judges in many of the misdemeanor Courts are also women. Defending a man in this type of situation is a challenge I have taken time after time.

In theory, the truth will prevail but getting the truth before the Court take some work.

As a defense attorney, I have found that alcohol is involved in most of the cases. Combine that with a little jealousy and you have a recipe for a domestic violence arrest. Most of the time, both parties have been drinking. These types of arrests are not just limited to a man and woman situation. Domestic partners get into spats also. Once again, alcohol and jealousy are the number one causes. A domestic violence arrest triggers a lot of consequences. Generally it results in a no contact order forcing one of the parties to temporarily move.

If they work together, the no contact order creates even more hardship.

I have seen men end up living in their cars while the cases run their course.

As a criminal defense attorney, my job is to bring the situation to a speedy conclusion with a good result. Hiring a lawyer greatly increases the chances of that happening. If a domestic case results in an arrest for battery or worse yet aggravated battery and you need a lawyer, call 239 334 8890 in Ft. Myers or if you are in Sarasota you can call me at 941 366 3506