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Domestic battery battery by strangulation

Boca Raton, FL |

was in the Daytona Beach area visiting my boyfriend who lives there. It's been a long distance relationship for past 4 years on & off . We were looking at properties to rent to live together . One night we got into a verbal argrument which turned physically he chocked me, punchedy chest restrained me, threatened to kill me and wished my daughter dead. He ripped the chain from my neck causing scratches and bruises. He stopped my physically from calling 911. I truly loved this man after he calmed down & left he texted he was sorry didn't mean to hurt me etc i have pictures etc. I reported it 2 days later never heard anything called again & finally they filed a report for battery & battery by strangulation. It's in the state attorney office. I feel as if I am getting treated as the bad one

I am now working with an advocate from the Attorney States offfice and I appreciate the officer and Sergeant that helped me. This is a difficult trying time and I am just not sure of the procedures and the steps just want justice so there aren't more victims from the same man and that he doesn't follow through on his threats as from what I read can keep esculating if he gets away with it. Thank you all

Attorney Answers 3

Posted

I am sorry you are going through this. It's unclear though, what your question is. Please repost.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

Did not have enough characters sorry he has a previous battery conviction not getting answers through state attorney and or police department. Spoke with clerks office and several domestic violence agencies being out of state I am looking for a lawyer in Vulosia county and what can I do as his ex- girlfriend who he went back with is now harassing me. I have never had anything like this happen let alone a traffic ticket. Trying to find out what recourse I have any attorneys in area seems most represent the defendant unfortunately. Thanks for the responses.

Posted

Why do you feel as if you are being treated as the bad one. You reported it, it was investigated, it is at the state attorney's office for a determination as to prosecution - that is the process. Where in this scenario have you been treated badly, other than by your boyfriend?

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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The police initially marked it as "suspicious" as I was out of state I was waiting for the affidavit in the mail after almost 2 weeks I called to follow up and got a copy of the initial intake nothing had been done. Finally I received affidavit and filled it out after going to the Sergeant they filed but I still don't have the charging affidavit and been trying to get an injunction. The ex-girlfriend is now involved and emailed me she is a witness for him (she was not there) on writing said she has same bruises and they are going to say it was "rough sex". Looking for an attorney called many advocate agencies on domestic violence with no help. Trying to get an injunction from NJ in Florida is difficult and he does have family here and I fear that he will show up in NJ and do as he said kill me especially if faxed with another conviction with longer jail time.

Posted

Strangulation and physical beating is never appropriate. Especially from someone who supposedly cares about you. You did the proper thing in reporting the incident to the authorities, and state attorney. Did you file for a restraining order? Oftentimes victims of domestic violence are made to feel as if they did something wrong that warranted the attack. That is not so. You are never responsible for someone's loss of control and violence. Please seek help from women in distress or other organizations that offer assistance, and counseling to victims of domestic violence. You have a daughter to worry about as well since you abuser has wished her dead as well. Be strong and get help. Do not allow this situation to continue.

** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: kmunzerlaw@aol.com , Tel: (786) 501-6655

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Posted

Thank you for your response yes I am trying to get an injunction but as I left the state it has been hard. I do feel guilt as I feel it will ruin his life but I know no one deserves to be beat and threatened I am a professional and the whole situation is of embarrassment but I do need to protect my daughter and stay strong. Thank you I just feel as if they aren't taking this seriously what if the next person he does actually kill as I found out this isn't the first felony for battery he has. He served 10 days in jail and 1 year probation and 6 months anger management. From what I read it can escalate and the person will keep doing it especially if they get away with it. Thank you for your response.

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