Legal Question in Family Law in Florida
Battery
My boyfriend and I were coming home late one night from the bowling alley and got into a verbal argument. Pretty heated, we were yelling at eachother but nothing serious. We went to sleep and 20 minutes later cops show up, arrest him (for resisting arrest), and charge him with battery. Come to find out a neighbor had called for a noise complaint and said that he had pushed me down the stairs (he lives on the first floor) and he would never do such a thing. The cops took him away eventhough i repetedly told them that it was a big misunderstanding. His roomate was there and told them that nothing physical had happened and that we had had a couple of drinks that night. My boyfriend later told me that he was told that my statements were not taken into account because ''there was a chance of intoxication''. How is this possible that I am a ''victim'' to something that never happened and that my boyfriend could possibly have a misdemeanor on his record for something that he did not do? Is there anything I can do to proove to the judges (if it goes to court) that he is innocent?
1 Answer from Attorneys
Re: Battery
If you are the victim in the battery, then you can make your wishes known to the prosecutor whether or not you want to drop charges. Tricky about the "resisting" charge. There you are not the "victim", the officer is.
What bothers me more is, the couple of drinks/chance of intoxication scenario. How would the neighbors know what happened inside the house?
If he goes to court, he wants to have an attorney by his side.
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