When emotions run high, it is all too easy for an ordinary argument to turn into a domestic violence situation. In some cases, violence may be directed against another person, such as domestic assault or battery. In other cases, the violence is the result of one individual’s anger or frustration over circumstances that have arguably gone too far. In either case, Florida laws are strict concerning individuals who are ultimately found guilty of domestic violence accusations.
Most parents can relate to the frustration of managing several children at once when arguments break out. Most also likely do not expect their frustration to result in criminal accusations. Recently, a 26-year-old Florida mother allegedly became frustrated while driving down the road listening to her children argue with each other. Authorities allege that the mother pulled over her vehicle, pulled out a gun from her glove box, walked away from the vehicle where she shot several rounds into open air. No one was injured in the incident.
Even though no one was injured, the woman was arrested and charged with both domestic violence and aggravated assault. In addition, all of her children were moved into protective custody. Media reports do not indicate the circumstances of her arrest, or provide any information about the boyfriend said to have been in the vehicle with her. She posted $4,000 bail and was released from jail with a monitoring device. Due to our state’s strict laws, this mother’s apparent frustration has resulted in serious criminal accusations and the potential loss of her custodial rights.
When anyone in Florida is arrested and accused of violating our state’s domestic violence laws, including domestic assault, battery or child abuse, they may feel overwhelmed with facing the road ahead. It is up to the prosecution to prove that this otherwise innocent woman is guilty, however, and she will have the opportunity to challenge the prosecution’s case against her. As her case proceeds, this mother may benefit from a diligent fight on behalf of her own legal rights and the custody of her children.
Source: Orlando Sentinel, Angry mom fires gun into the air, Rene Stutzman, Dec. 27, 2013
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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