How the CJS manipulates Complaining Witnesses after a Domestic Violence Arrest

When someone has been arrested for a domestic violence charge, one of the key areas for legal guidance concerns what to do about a Florida no contact order. As you read this entry and watch the video below, here is your fact pattern: Complaining Witness and Defendant are drinking, have an argument, and 911 is called. The police respond, separate the parties, and start interrogating. The woman is crying, the man refuses to talk, so he goes to jail. She is devastated, and begs the police not to take him to jail. 

I could make a more interesting fact pattern, but the one shared above is one that is a daily occurrence - not "frequent," daily.

No contact orders are usually imposed as a condition of bond at first appearance. This is obviously problematic, since a) a criminal defendant is presumed innocent, yet b) he or she is kicked out of their residence after spending a night or two in jail. Since this article is designed for practical advice, I'll spare you the gender politics that led us to this highly biased and unnecessary knee jerk reaction that poisons every case. However, be advised that no contact orders are automatically imposed in every case unless the complaining witness shows up at first appearance begging for the defendant to be allowed to return home, or the defendant is somehow able to obtain legal counsel.

Usually, no contact orders are lifted at a separate hearing due to the absence of legal counsel. They are then transformed into "No Violence Contact" orders while the case is pending. This allows the parties to have nonviolent contact, and the defendant usually can then return home.

If you think the system is rigged, this area of criminal law virtually proves it: the system is set up for no contact orders as the default in every domestic violence case. Worse, the Complaining Witness is often given bad advice in order to help convict the defendant.

For example, in many cases, the Complainant is told to "go to the State Attorney's Office and ask to have it lifted" or to go there and "ask to have the charges dropped." This has the appearance of being helpful, but exposes the Complainant to outright manipulation: many are told that if they lied, that perjury is a felony. However, they are also told that if they recant, they have filed a false police report and will go to jail immediately - how do you think this impacts their statements? Worse, many are sent to "victims" propaganda classes as a condition of their request for a change in bond conditions to even be considered.

In other words, the criminal justice system is set up to manipulate to purported victims of domestic violence in the same manner that their "counseling and empowerment" classes warn about. Therefore, the best way to handle this situation is with an experienced criminal defense lawyer, preferably one who is certified as an expert in the field.