Fort Myers Office  Lee County

2257 Cleveland Avenue

Fort Myers, FL 33901  

Phone 239-334-8890  

Fax 239-334-2847

  Sarasota Office Sarasota County 

  1188 N. Tamiami Trail Suite 205 A

​  Sarasota, Florida 34236

  Phone: 941-366-3506  

  email: peterdaiken@gmail.com

State and Federal Criminal Defense Attorneys Sarasota and Bradenton 

Copyright © AIKEN and O'HALLORAN of SARASOTA. All Rights Reserved.

More people get falsely arrested for Domestic Violence than any other offense.  Ever since the O. J. Simpson case police throughout the country have taken a zero tolerance approach to 911 calls involving domestic violence.  The police are afraid of being sued if real violence later occurs so when they are called out, most of the time, an arrest is made.  Men and women know how to manipulate the system.  In the context of divorce situations, getting a spouse arrested is an instant way to get possession of the home.  If the context of custody battles, a false accusation can get the other spouse arrested, thrown in jail and subjected to a restraining order.  The system is constantly being abused and false accusations are rampant. 

Alcohol is the number one Cause

As a criminal lawyer who has handled hundreds of domestic violence cases, I can honestly say, most of the time, alcohol is at the core of most arrests.  Good people, under the influence of alcohol, sometimes over react to a comment, a family situation, overdue bills or jealousy and a domestic situation flares up.  An otherwise good and loving father may snap, or a good wife or companion it a fit of jealousy or rage slap or scratch her partner.  These are sad cases because most of the time the partners love each other and want the relationship to continue.  The criminal justice system sometimes does not work.  A no contact order can destroy the family and be counterproductive to successfully working out the problem.

Jail is not the Answer

There are situations where to protect a family member from harm, an arrest is necessary.  Many times a wife or girlfriend may call the police to “calm things down”.  An arrest can result in the arrested person losing his or her job.  A no contact order (standard procedure) can put the family in financial crisis.  I have seen men sleeping in their cars because they cannot go home.  The goal, where possible, should be to restore the family unit.  Counseling or alcohol rehab may be what is needed.  Jail should be used as a last resort, not the first solution.  Our criminal defense firm is committed to solving the family problem where possible are restoring the loving relationship.  We understand that this is not always possible, but it should be the goal.

Can I get the Charges Dropped?

Not a week goes by that we do not hear this question.  Often, the next day, after a domestic violence arrest, the wife, the girlfriend or the domestic partner contacts us in an attempt to reverse an arrest.  Many times they candidly admit that they lied to the police because they were mad, jealous or drunk.  Sometimes, the abuse really did occur but they realize that alcohol was the cause.  Hiring a criminal lawyer helps tremendously.  Sometimes we can present a “drop charge request” to the State Attorney and if there is a good legitimate answer as to how the situation arose, we may be able to convince the prosecutor to not go forward.  Call today 941-366-3506

Domestic Violence