According to the Palm Beach Post, a Wellington woman was arrested this week after allegedly hitting her husband with a television remote control.
The accused, a 48-year old woman, was charged with aggravated battery with a deadly weapon. Jail records showed that
no bond had been set.
The woman was arrested after her husband called police to report that during an argument, the accused woman hit him multiple times on his head with the remote control. The alleged victim also claims that he was struck on his arms and head with a telephone.
The responding Palm Beach County Sheriff's deputy noted in the report that the 50-year-old victim had "visible red and black bruises..."
Domestic violence cases are taken very seriously by the courts, the police, and the prosecutors. That's because many alleged victims of domestic violence do not wish to cooperate with law enforcement. The alleged victims may be the ones to call the police, but once the accused is arrested, they no longer want to prosecute.
The law enables prosecutors to go forward on a case when the alleged victim is not on board. Don't ever assume for one second that a domestic violence case is going to be dismissed simply because the alleged victim is not a cooperating witness.
In this case, there was clearly a 911 call, which may be admitted into evidence without calling the alleged victim to testify provided it was made while the alleged victim was in an excited state. Coupled with the photographs of the injuries, and it seems to me like the Palm Beach State Attorney's Office can prosecute this case with or without the alleged victim.
Domestic violence cases are sensitive matters that require the skill and experience of a criminal defense attorney.
Call me today if you or a loved one are being charged with a domestic violence crime in Miami-Dade or Broward.