My client had never been in trouble before, but he and his wife argued a lot. During this incident, they were arguing and his wife fell to the ground on top of one of their children. She called the police and claimed that he pushed her down. The child was taken to Johns Hopkins All Children’s Hospital to be checked out. The child was fine.
The St. Petersburg Police Department responded to the home and arrested my client for domestic battery. He was released from jail on a $5,000 bond and ordered to have no contact with his wife or children. He also was ordered to have a GPS ankle bracelet on.
After his release, Child Protective Services also got involved and ordered the family into counseling.
I immediately had my client begin domestic violence counseling classes. I also had his wife sign a request not to prosecute. But, even with those efforts, the State decided to charge him with the domestic battery.
After the charge was filed, we again asked for it to be dismissed. The State offered him a diversion program that would have guaranteed a dismissal. I also asked for a reduction to a disorderly conduct to speed things up.
The State agreed that once he completed 8 domestic violence classes, they would amend the charge to a disorderly conduct. There was no conviction, no probation, and he had to pay a $500 fine. He was immediately able to remove the GPS device and go home to his wife and children.