Florida Law/Sumter County Law Questions

[Cassie325]

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....

[Pete]

If the abuser isn't present when the officer arrives, the officer has to do a report. That report goes to the state attorney's office and THEY decide if the case will result in charges and the pursuit of a warrant for arrest. If your abuser is on scene when the police arrive, and the officer has probable cause to believe that domestic violence has occurred, they may be REQUIRED by law to make an arrest - even against your wishes. The reason for this is: a crime has been committed. Assault and battery (activities that are part of domestic violence) are crimes - and just like it's a crime to slap a stranger on the sidewalk, it's also a crime to batter someone you know or are in a relationship with. Having a relationship with a person doesn't make it ok for them to commit the crime of domestic violence against you or to damage your children by exposing them to violence against you. Crimes are considered to be committed against ALL of us...against society as a whole...not against individuals.

exerpt from>>>http://www.aardvarc.org/dv/cops.shtml

[Villages Kahuna]

If the incident was as described, it sounds like the responding officers failed to apply a very important rule of law...the rule of common sense!

[SteveZ]

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!

[redwitch]

The problem is you have a female who was injured during an argument in the officers' view. It is common for the victim to not want to press charges and lie about how the injury occurred. It does make it difficult for an officer to know the facts. The police officers were doing their jobs. It is up to the DA to sort out the facts and decide whether there is a case.

[ssw]

Laws changed after Nicole Simpson was murdered. Law enforcement has to follow the law and if there is just 1% chance of abuse, law enforcment has no choice. Better safe than sorry.

[Cassie325]

Laws changed after Nicole Simpson was murdered. Law enforcement has to follow the law and if there is just 1% chance of abuse, law enforcment has no choice. Better safe than sorry.


This is exactly what she said....but my personal opinion is in agreement with Kahuna....the Law of Common Sense....but Steve and everyone else makes a good point....you never know and better safe then sorry....she was in her 60's...had been married to this man for 40 years and can't believe they are going through this! Trust me I can't stand violence or domestic abuse.....but there is a line....it just depends on who decides that it has been crossed.....

[Taltarzac]

When advocacy groups get involved too common sense often goes out the window.

It sounds from this scenario that the officers were not sure what happened in this incident and being cautious simply followed the FL law in this area which is to make an arrest and then let the fact finders get at what actually happened.

Too bad though that in situations like this the people most affected do not have more of a say in what happens.

[NJblue]

Something about this story doesn't sound right. According to the story, the man had to do community service and pay a fine. This sounds like it went to court and he was found guilty by a judge who assessed a punishment. The police can not just decide to impose these penalties. For this to happen, I would hope that all evidence was heard. If the wife went to court and argued for her husband's case, then this is a travesty of justice since there would be absolutely no evidence to convict this man. However, perhaps the real story is that it went to court and the wife argued against her husband in which case, perhaps, justice was served.

[Sidney Lanier]

Some things about this story do sound hokey, like what NJBlue said about the man doing community service and paying a fine at a point that sounds like around the time the incident itself occurred. I'm not sure that we'll ever know the whole story, and this is not the kind of thing that we can check on the Urban Legends website (www.snopes.com). The only piece that's clear, again assuming that it's true, is that the dispatcher followed the law and sent the deputies, but then why would he/she not have sent an ambulance too, if it wasn't clear how badly hurt the woman was....

[Cassie325]

Out of pure interest about this case I tracked the woman down...I actually met her where she works....and I will talk to anyone....

Anyway....apparently there was no court hearing...he went through something called a PTI and this is not uncommon in Sumter county...there is a judge named Skidmore that really does not have any empathy, sympathy or tolerance for any type of domestic battery as they call it. yes the police did their job, yes the dispatcher did their job, but it does sound a little odd. I have an old friend that works for a law firm in Sumter...going to give him a call and inquire....not that I have an issue or any of us do...but good to know how the system works here.

The lady called skidmore a good old boy and said that all of the area system was built of these boys....well.....as they always say...there are two sides to every story....but it would be good to know what it is really like. I will report my findings....must investigate further....I am so nosey!!!!

[The Great Fumar]

Dear Nosey
Your not getting the straight poop...According to the story he actually never touched her...If she fell and hurt her arm , Then why didn't they go to the emergency room and have it taken care of....Why call 911....Why would you tell the 911 operator that you were having an arguement ......Sounds to me like we had a screaming woman involved....
Nah, doesn't add up,. More holes than swiss cheese...........
If you know these people , you might want to avoid them, They sound like trouble to me......

fumar the dodger

[Cassie325]

Ah the great FUMAR...what would I do without you...I don't really know them just like to shop at the store she works in.....LOL.....perhaps I should just stay out of it...not business.....ah but so hard to do!!!!!! ;) Wait until you finally meet me....you will understand....I want to know everything about everyone!!! I ask a lot of questions....my fault....but it helps me make a lot of money...can't help it.....

[chelsea24]

I had to call the sheriff's office during our move here. (Very disreputable company and way to long of a story to repeat here.) But I can't say enough good things about the Sumter County Sheriff's Office. They arrived immediately, took charge and resolved our problem with the mover's on the spot. (Much to the mover's chagrin!) As far as a domestic dispute goes, I agree that they were acting in the "better safe than sorry" mode. We had a wonderful police department in Bloomingdale, Illinois and the Sumter County Sheriff's office is even tougher.

Yes, there are great holes in this story. He could have had previous charges on his record for domestic violence. I also agree that many many battered women would not speak against their husbands or boyfriends. And I know in Chicago, from a girlfriend, that even when she did not want to press charges against a boyfriend, it didn't matter. The State pressed the charges.

I say good for the Sheriff's office! :bigthumbsup:

[Pete]

GO CHELS, THE BOOKS COVER DON'T TELL THE STORY! :agree: :bigthumbsup:

Agree with Fumar too. :bigthumbsup:

JMHO :dontknow:

[Sunflower]

In my somewhat cynical opinion believe half of what you hear and all of what you see.

[uujudy]

;) Wait until you finally meet me....you will understand....I want to know everything about everyone!!! I ask a lot of questions....my fault....but it helps me make a lot of money...can't help it.....


Whoa! Mariab! We have to know! HOW does it help you make a lot of money? Are you an undercover reporter for the National Inquirer? Blackmailer? Paparazzi/o?
Inquiring minds want to know! ???
And I'm looking for a part-time job... Are you hiring? ;)

[graciegirl]

I had to call the sheriff's office during our move here. (Very disreputable company and way to long of a story to repeat here.) But I can't say enough good things about the Sumter County Sheriff's Office. They arrived immediately, took charge and resolved our problem with the mover's on the spot. (Much to the mover's chagrin!) As far as a domestic dispute goes, I agree that they were acting in the "better safe than sorry" mode. We had a wonderful police department in Bloomingdale, Illinois and the Sumter County Sheriff's office is even tougher.

Yes, there are great holes in this story. He could have had previous charges on his record for domestic violence. I also agree that many many battered women would not speak against their husbands or boyfriends. And I know in Chicago, from a girlfriend, that even when she did not want to press charges against a boyfriend, it didn't matter. The State pressed the charges.

I say good for the Sheriff's office! :bigthumbsup:


I absolutely agree Chelsea!! The story seems strange....right from the beginning I wondered. I was surprised that anyone "flew out on the lanai from opening the slider at the same time".

Plus, My grandfather who raised me was a police officer for 37 years. It is really hard for me not to root for them, even though many now are not cut from the same cloth.

You know the old line, if it looks like...........and smells like........

[SteveZ]

Out of pure interest about this case I tracked the woman down...I actually met her where she works....and I will talk to anyone....

Anyway....apparently there was no court hearing...he went through something called a PTI and this is not uncommon in Sumter county...
......


Pre-Trial Intervention (PTI) is usually available to first-time offenders, and if the terms (whatever the "sentence" is) are fulfilled, then there is no criminal record. It works somewhat like a "plea bargain," and the idea is to offer "rehabilitation" in situations where it looks like it will work. That's the good side.

The bad side is that sometimes it's more of an economic decision made by the accused, as the legal costs to obtain PTI are far less than going to trial (even if you are found not guilty, it does cost!). So, people do accept PTI as an alternative to the notoriety and costs associated with becoming a defendant in a criminal trial.

In my past work life (before this latest DC venture) I handled several spouse abuse cases, and they all sickened me. There really is no stereotypical spouse abuser (you just can't "spot them") and the intimidation factor exercised by the abuser is often immense. Also, there were a number of times the abused spouse wanted to protect the abuser out of love, fear, security....... That being said, there were a couple of cases where the supposed abused spouse was actually shamming as part of a blackmail scheme. It just takes all kinds! ! !

The moral of the story - keep your temper and don't let things escalate so far that "accidents happen."