Domestic Violence (DV) is a serious matter effecting millions of households throughout the country. Dealing with an abusive spouse, family member, or significant other is difficult and requires professional help. Psychologists, psychiatrists, counselors, victim advocates, shelters, police, and attorneys are often called upon to render aid when an allegation of domestic violence is alleged.

The Law Office of Roger P. Foley represents those accused of domestic violence in South Florida. Occasionally, we represent victims of domestic violence although that is primarily the job of the State Attorney’s office. Domestic Violence is extremely serious crime, however, often it is the victim that contacts our office and ultimately retains us to defend their spouse, family member, or significant other. A victim hiring a defense attorney to defend the person who allegedly committed an assault or battery against them may sound odd to some but frequently what occurs is that a couple has a verbal argument and it escalates to a push, a slap, a thrown item, the grabbing of keys, the grabbing of a phone, or the temporary detention of one party and the police respond.

When police respond to a domestic violence call their guards are up and they are on high alert because most acts of violence against policeman occur during domestic violence calls. When the police arrive the parties involved in the dispute are usually highly agitated and sometimes use language or tone that agitates the officers. The officers, who are already thanking about the possible danger to their persons, make an arrest possible prematurely and without merit. Sometimes the police arrive and during their questioning of the parties they ask whether either party was touched and one party claims that their spouse grabbed their keys or their phone and the officers arrest the other party. Simply touching another person or taking the phone, keys or any other item is by Florida law a battery and will result in arrest. Couple that with the fact that it occurs with a spouse, family member, or significant other makes it an act of domestic violence.

We recognize at the Law Office of Roger P. Foley that there are serious cases of domestic violence whereby people are seriously injured and/or killed and in those instances an arrest is warranted, however not every case is a legitimate act of domestic violence. We understand that some families encounter problems that are better solved among the family and not by the government.

If you or someone you know has been arrested for domestic violence call the Law Office of RP Foley.

*We recommend all parties using our legal services enroll in family counseling. We Don’t Judge- We Defend!