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Daytona Domestic Violence Arrests Spike in Summer Heat

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A police officer from Holly Hill was recently arrested for domestic violence and subsequently fired after it was alleged he struck his estranged wife during a dispute over their young daughter.1269145_the_room.jpg Our Daytona domestic violence defense lawyers understand the 37-year-old had been promoted from part-time to full-time officer just this past spring. As this case shows, an arrest in and of itself can be a fatal blow to one's career and reputation. All too often, domestic violence arrests involve false or exaggerated allegations, which may ultimately come down to the strength of one person's word over another's. Will this officer be able to get his job back if he avoids conviction? Perhaps. However, he certainly won't land another law enforcement job if he doesn't. This incident is one of many we expect to see over the course of the summer months. In fact, law enforcement agencies swear by the theory that summer swelter contributes to heated arguments at home. There tends to be ample access to alcohol through the summer months and tensions can run high. A recent report from the World Health Organization indicates that globally, nearly one-third of all women allege they have been victims of domestic violence, including sexual assault, by a former or current partner. Though researchers used a fairly broad definition of domestic violence, the study did track reported and estimated incidents from 1983 to 2010. Last year in Florida, there were nearly 112,000 reports of domestic violence made to authorities. Not all of these instances resulted in arrest, but most do. The threshold for establishing grounds for arrest in these cases is much lower today than it has been historically. In the past, domestic violence was seen as a private matter. While it's understandable that advocates and law enforcement agencies wanted to get ahead of this problem, which accounts for 20 percent of all homicides, it seems we have swung the pendulum too far in the other direction. Now, almost every domestic violence call warrants an arrest, regardless of whether there is ample evidence that a crime has been committed. In some instances, it takes nothing more than a scratch or a red mark and an accusation for someone to be hauled off to jail. Still, even most prosecutors will tell you that criminal convictions are not quite as simple. Guilt must still be proven beyond a reasonable doubt. Often, with the help of a good attorney, reasonable doubt can be established. If a person is convicted, per Florida Statute 741.283, he or she must serve a minimum of five days in jail. Often, those convicted of domestic violence will serve a lengthier sentence behind bars. Usually, the exact term will depend on the extent of injuries suffered by the alleged victim, as well as any prior criminal history or domestic violence arrests or allegations. It's also common for judges to impose mandatory batterer's intervention courses, domestic violence injunctions, probation and community service. Like this Holly Hill police officer, individuals convicted face the possibility of professional repercussions. There are some jobs for which you can't even be considered with a domestic violence conviction. But you shouldn't be resigned to your fate. An arrest is not the end of the story. Call us today to learn more about how we can help defend your rights.

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