Jacksonville Domestic Battery and Violence During Christmas

The holiday season and Christmas is usually a joyous time for most people.  It is full of family gatherings.  It is also a stressful time with financial pressures.  This can lead to domestic violence in households.  Jacksonville domestic battery arrests occur during the holiday season.  Action News reported about a violent disturbance in Jacksonville Beach FL.  The article stated:

Jacksonville Domestic Battery Lawyer

Man and woman go to hospital after violence disturbance in Jacksonville Beach

“Jacksonville Beach police are investigating what they call a violent disturbance on Christmas night. According to Sgt. Tom Crumley, a neighbor called police around 5 p.m. to intersection of South First Street and 19th Avenue in Jacksonville Beach. When police arrived, they discovered a woman who was in need of immediate medical attention. She was rushed to Beaches Baptist Hospital and eventually flown to UF & Shands by helicopter.” (Violent disturbance sends two to the hospital)

A man was arrested for the disturbance in Jacksonville, but he was injured.  He was also taken to Shands hospital.  Shands hospital has a portion of the hospital that is used for inmates of the Duval County Jail.  As a Jacksonville criminal lawyer, I have visited clients that needed medical attention in this wing.  Once the defendant is better, he will be sent to the Duval County Jail unless he bonds out of jail.  We do not know the extend of the injuries in this case.  “Police are not releasing the details surrounding this violent disturbance but detectives remain on scene documenting evidence hours after the incident was initially reported.”  Neighbors stated that “they have been concerned for this woman’s safety for days now and many of them are left wondering what exactly happened on this Christmas night.”

He will likely be charged with a crime of violence.  I could be a Jacksonville domestic violence charge, such as domestic battery.  This will only be considered domestic violence if the man and woman are considered family members.  Florida Statute 741.28 defines family or household member.  This FL domestic violence law states:

“‘Family or household member’ means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.”

If the woman was pregnant, he may be charged with Jacksonville battery on a pregnant female.  If she is 65 years of age or older, the defendant may be charged with Jacksonville battery on the elderly.  He could be charged with Jacksonville aggravated battery, depending on the extent of the injury or if a deadly weapon was used.  If he has prior domestic battery convictions, he could be charged with Jacksonville felony battery.

Once the woman is released from Shands hospital, she may apply for a Jacksonville restraining order.  A Jacksonville Petition for Injunction Against Domestic Violence is a Restraining Order.  This is known as a Florida domestic violence injunction.  The man should defend against the Jacksonville restraining order.  If he does not go to the hearing, the petition for an injunction for protection against domestic violence will be granted.  He must defend himself.  The criminal case is separate from the injunction.  His Jacksonville criminal defense attorney will need to build a defense to the criminal charges.

Since information has not been released, we do not know the criminal charges that have resulted from this FL domestic violence incident.  Regardless of the extent of the criminal charges, this man must speak to a Jacksonville criminal lawyer.  He should be a defense in anticipation of the charges.

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