Charges Dropped on Domestic Violence Incident for South Florida Father

Summary:

After two South Florida parents were engaged in a verbal altercation that turned slightly physical, their minor son came out of his room and began yelling and swinging his arm at his father. The son spewed insults while beginning to film his father on his phone. The client then went to another part of the home to retrieve a bag that contained his firearm, claiming that he would be willing to kill himself to stop burdening his wife and son. At that point the son called 911, leading the client to be charged with domestic battery and subject to an involuntary psychiatric evaluation. Ultimately, the case was dismissed by the State after the Rossen Law Firm met with the family and resolved the case.

Facts of the Case:

On the day after Christmas Day 2023, two parents in Miramar, Florida got into a verbal altercation in their home. During the argument, our client lightly pushed his wife and pushed over a Christmas bag. The son of the couple woke up from a nap after hearing his parents argue, leading him to yell and swing his arm at his father. The client then broke a few items around the house and eventually went to retrieve a bag that had a firearm inside of it. The client never pulled the firearm out of the bag or handled it in any manner. The son began to record his father while yelling insults. The situation culminated in the client saying he was willing to kill himself to not burden his wife and son any further. The son then called the police on his father.

After the police arrived on the scene, the client explained how he merely expressed how he was feeling in the heat of the moment and that he had no intention to kill himself at that time. The police arrested him, charged him with domestic battery and determined that he should be subject to an involuntary psychiatric evaluation. After the client was put in jail, he was eventually released pre-trial subject to ankle monitoring and no contact with his family. 

Process and Result:

Susan Lawson met with the wife in a strategy session where they discussed how she wanted to proceed with her husband’s case after the client was released pre-trial with instructions not to contact his family. The wife explained the situation further and expressed that neither she or her son wished to testify against the client. Susan and the Rossen Law team worked to complete and submit a Waiver of Prosecution with the client’s wife. 

After the strategy session, the Rossen Law team monitored the client’s status with his mental health evaluations and planned to file a motion to modify the client’s pretrial release conditions. The case only reached the initial stages of the judicial process since Susan and the Rossen Law team were able to resolve the case quickly.

Final Result:

Ultimately, the case got dismissed by the State Attorney’s Office upon their review of the wife’s Waiver of Prosecution. No criminal charges resulted for the client.