Legal Question in Family Law in Florida

Re: whats wrong with our system?

1. They have the right and DUTY to enforce the laws of the state. Thus, to arrest for battery/assault (especially of a domestic nature), if they are able to determine who is the primary aggressor. He did not have to "hit" you to commit a battery. Check the Florida Statutes to review the definition of battery (if that is what he was charged with). With both of you throwing objects at each other, you are lucky to have not both been arrested.

2. The court could have appointed a public defender if (a) your husband financially qualifies for one, and (b) he requested one. Judges ask at first appearance, and subsequent court appearances, if a defendant wants a public defender and then has to determine if he is financially eligible to receive one. Your husband may still request a court appointed attorney.

3. Officers don't often feel comfortable just playing referee and sending one party away to cool off when the other party reports a possible crime has been committed. They have a DUTY to protect you and uphold the laws. If they were misinformed by you, or misunderstood what happened, then sometimes an erroneous arrest occurs. As the alleged victim, you will be contacted by the State Attorney's Office and requested to come in and tell them what happened. They may decide to drop the charges, go forward with the prosecution (with or without your cooperation or permission), or offer your husband a Pretrial Diversion Program (if he does not have much of a criminal history for violence). The Diversion Program would offer him counseling and give him the opportunity to address an anger, or power & control issue, without suffering a criminal conviction.