Domestic Violence Charges Dropped in Plantation By Defense Attorney

Domestic Violence Charges Dropped in Plantation By Defense Attorney

Quick Summary:

Although the defendant initially made a frantic 911 call asking for her violent, abusive husband to be removed from her home, the police arrested her as the primary aggressor after noticing that her husband was the only one with visible injuries. Ultimately, the charges against her were dropped.

Facts of the Case:

It started with a locksmith calling 911 on behalf of a 65-year-old woman in Plantation, Florida. After the woman found out that her violent and abusive 70-year-old husband was a sugar daddy, had a mistress, and was cheating on her, she called the locksmith to come and change the locks to their house so he wouldn’t be able to come back. Yet as the locksmith was in the middle of changing the locks, her husband showed up, went inside their house, and refused to leave.

She described her husband as a very controlling Macho Hispanic male and explained how he slapped her in the face, had a gun with him, and even took her phone away from her. As a result, she walks downstairs and outside, shaking and crying and has the locksmith call 911 for her. She told the 911 operator that her and her daughter were scared for their safety and just wanted him out of the house, even noting that she had not expected her husband to come back that early.

After the police officer came to her house to respond to the domestic disturbance, he spoke with both the woman and her husband. The officer didn’t observe any redness or signs of injuries on the woman, but when he spoke with her husband, he observed some small open cuts on the inside of his right bicep. The husband told the officer that his wife had grabbed his arm to push him away. 

The officer pointed out that the couple had conflicting statements, with the wife claiming that her husband slapped her while the husband said he didn’t. The officer concluded, based on the totality of the circumstances, that the woman was the primary aggressor. He then placed her under arrest.

The woman was charged with battery on a person over 65 years old—a third-degree felony—because her husband was 70 years old. She was also charged with domestic battery, also known as touch or strike battery and domestic violence, which is a first-degree misdemeanor.

It’s interesting to note that the husband specifically expressed to the officer that he didn’t want to pursue charges, didn’t want to cooperate further with the investigation, didn’t want to provide a statement, and didn’t allow pictures to be taken of his injuries.

Process and Result:

After probable cause was found, a bond of $100 was posted for each charge and the judge ordered no victim contact. Both bonds were paid by the woman’s daughter, so the woman was allowed pretrial release. She filed a waiver of appearance, authorizing her attorney, Scott Simmons, and the Rossen Law Firm to waive her appearance. She also filed a notice of appearance as counsel, confirming that Rossen Law Firm will appear as her counsel.

Final Result:

The State of Florida ultimately filed a no information as to the domestic violence charges in this case, which means that after the State Attorney reviewed the arrest and the case, they decided not to prosecute the case. The state declined the case and dropped the charges against the defendant.

She was no longer on pretrial release, the bonds paid were returned to the depositor, and she is eligible for expungement.