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Old 08-20-2008, 10:01 PM
SteveZ SteveZ is offline
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Default Re: Florida Law/Sumter County Law Questions

Quote:
Originally Posted by mariab
I was speaking with a woman yesterday. She told me the strangest story and I wanted to know if anyone else has ever heard of this.

The couple had a disagreement during dinner (as many of us do) and she was going to go out to "cool" off on the lanai. While she was heading back in her husband came to open the slider for her. As they both ended up trying to open at the same time...she went flying backwards and fell on her arm. Her husband was worried and called 911. He explained the situation and instead of sending an ambulance, they sent the sherriff (2 of them).

Apparently because they told the 911 operator that they had been having an argument the sherriff's have to show....

Long story short....HE was arrested!!!! For domestic battery!!!! To the jail in Bushnell....couldn't get out and now they have to spend $5000 on a lawyer....and can't speak to each other, see each other or have any kind of contact at all!!!!! Not until (according to the lawyer) the husband does some community service, pay a fee (on top of the bail she had to go pay) and go to anger management classes.

She has not seen him at all for three weeks....only gets information from his lawyer occasionally.

Is this not the craziest thing you have ever heard....how many times have you had an argument with your spouse....it is really extreme in my opinion....
Undoubtedly there is a LOT more to this story.

Law enforcement officers normally base their decisions on a combination of the law, common sense, the situation in front of them, past history and specific instructions and training. Walking into a situation where one person has an obvious injury, there may still be yelling and screaming going on, and Lord knows what else, the officers may have had no other choice but to separate the parties and let the state attorney figure out what to do next. Police officers are not supposed to be prosecutor, judge and jury.

When it comes to potential spouse abuse, the law no longer gives the police officers much in the way of discretion. It's not surprising to see police officers not take any chances, preferring to let the State Attorney determine if, based on the evidence at hand to include statements made by both parties at the scene, there is or is not a case of spouse abuse. In this multi-cultural country where domestic attitudes and actions vary radically in male-female roles, home discipline and the exercise of authority, spouse abuse exists. There was a time not that very long ago when what happened in the home was effectively ignored, and that has been replaced with firm instructions to police as to what to observe, ask and document whenever there is a potential of spouse abuse having occurred.

What the story indicates is a situation where the husband apparently is being offered "pre-trial intervention" instead of the case going any further.

Again, this sounds like one of those "you had to be there..." situations, and recognize that the police are to PROTECT and to serve - based on the law!