Broward DUI Lawyer Blog

A 56-year-old Boca Raton man was recently charged with domestic aggravated assault and resisting an officer with violence after two family members said he attacked them when they complained about the volume of the stereo he was playing, The Palm Beach Post reports.

This Boca Raton domestic violence incident highlights the need for an experienced West Palm Beach defense lawyer, who is able to help in cases of domestic violence.

These types of incidents are difficult for many reasons, but from a justice standpoint, it usually is a case of one person's word against another person's word. The person assuming the role of victim is usually believed by authorities, which leads to criminal charges for the other person.

Given the typical lack of witnesses, it can be tough to nail down the exact facts, but arrests are usually made anyway. In this case, deputies found the man and his brother-in-law fighting in the street when they arrived.

They ordered both men to the ground, but deputies say the 56-year-old refused to cooperate. They say he took a "fighting stance" after they began approaching him. Police stated that after they got to him and attempted to put him in handcuffs, he elbowed one of the responding officers.

The man's niece told authorities that she she got home from work, she heard music "blasting" from the man's room. She asked him to turn the music down, but he cursed at her. When she turned it down herself, he allegedly grabbed the stereo and smashed it over her head and began striking her repeatedly.

The woman's father, the 56-year-old's brother-in-law, pulled him off her, deputies wrote in their report. The men screamed at each other and moved their argument to the front yard. When deputies tried to speak to the man, he cursed at them and told them nothing happened.

In cases like this, it's possible that a restraining order could be helpful for a victim. To do it alone could be difficult, however. It requires going before a judge to get the paperwork issued and served on the person who is considered the aggressor. The initial filing is only a temporary order.

Once the person is notified of the restraining order, they can then appeal the order, which can require a hearing. If that person has an attorney, it may be difficult for the victim to get the restraining order made permanent. Representation is important.

An order will limit the contact that can be had between people. In cases where they live together, this can make life very difficult for the suspect, which can be a factor in whether the order is granted or not. But, restraining orders are designed to protect victims from those who have hurt them and a violation of an order can lead to additional criminal charges.

These documents can be helpful to stop a potentially difficult situation. But at the same time, these orders typically are based on a he said/she said type of evidence. That's what makes these types of cases so tough. And why an aggressive defense is always necessary.