Caught up in the stress of daily life, a Lee County mother of 3 found herself facing serious domestic violence charges. Her 12 year marriage was strained and her actions became erratic. For several years prior she had been treated for chronic depression and anxiety. She had been prescribed anti-psychotic medications but was inconsistent with her dosage. When her behavior became argumentative and even abusive towards her 72 year old husband, he called the police. The woman was arrested and charged with Battery on a Person 65 Years of Age or Older, under Fla. Statute 784.08. The Court also issued a Pre-Trial Release No Contact Order, maintaining that the defendant have no contact with her husband.
The husband was forced to care for their two younger children himself while his wife struggled with her mental health issues. Unfortunately, her problems continued and she was obsessed with contacting her husband. She did not comply with the No Contact Order and was arrested a second time for Battery against her husband. Cape Coral Police also charged her with violating the Pre-Trial Release Condition, under Fla. Statute 741.29(6), a First Degree Misdemeanor.
Facing the remorse of her actions, the woman sought help through professional counseling and church services. In light of their long term marriage and commitment to their children, the couple wanted to reconcile their differences and reunite the family.
Being found guilty of domestic violence in Florida can have serious penalties and consequences for both the individual and their family. Battery on Persons 65 Years of Age carries a penalty of up to 5 years in prison. The defendant sought the experience of the criminal defense attorneys at Musca Law to help avoid a conviction and the long term consequences of these allegations.
Attorneys at Musca Law saw the honest attempt the defendant had made by attending a recovery group focused on women's anger through her church. The couple had also been seeking professional help from a marriage and family therapist. Our attorneys motioned the Court to lift the No Contact Order and take consideration of the defendant's husband having no objection, as well as his desire to reconcile his marriage. The Motion to Lift the No Contact Order, was modified to No Violent Contact and continue with counseling. On the charges of Battery, the State Attorney's Office issued a Nolle Pros, and the case was dismissed.
