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Going to Jail for a Domestic Violence Disturbance

Ever since a domestic abuse case in the 1980s that ended in tragedy, the police always arrest someone if they arrive at a domestic violence disturbance. Even if nobody is convicted of a crime at the end of it all, this ensures that no further disturbances can occur later that night.

If you or someone you know is involved in a domestic violence case, contact an attorney at The Defense Group online or call us at 407-831-1956 to arrange a free consultation. We are available 24 hours a day in case of emergency, and if necessary, we are easily able to make nighttime and weekend appointments.

“There’s an unwritten rule with law enforcement these days. If they go to a domestic violence disturbance, somebody’s going to jail. They may or not get convicted, but they’re going to put you in jail that night because that way they ensure that nothing bad is going to happen later that night. That really arose out of a case many years ago back in the 80s, when the Chairman of the Orange County Commission was, they were called to his house for a domestic violence disturbance. They got there, they didn’t arrest anybody. They suggested he take a bag and leave for the night. He did. Well, he didn’t leave for the entire night. He left, went across town, borrowed a gun, came back, and killed his wife. Sheriff’s Department got sued. A friend of mine raised the kids. They put her in the ground. They put him in prison, and a bunch of lawsuits came out of it. Since then, kind of a CYA sort of approach to things is the law enforcement officers will always put someone in jail, knowing that at least nothing else is going to happen that night. The prosecutors then, take the baton if you will. They prosecute a little bit more heavily or strongly than they would other cases, for fear that if something happens later, they’ll be accused of not properly prosecuting the guy. Then it even goes on to the judge. Once you’re convicted of domestic violence, you’ll typically get sentenced a little bit more harshly than perhaps on other crimes, so that if that guy does something later that’s terrible and hits the newspapers, the talk radio show folks won’t come back and say look if only that judge had been more harsh with that guy, maybe this wouldn’t have happened. So, it’s a kind of a complicated practice that you wouldn’t think it is, but it requires a lot of time and effort.”