Lakeland, FL (Law Firm Newswire) March 13, 2014 — Domestic violence is more common than most people think. It is the bad side of an intimate relationship gone wrong.
“A relatively well known former major league baseball player, Wladimir Balentien, was arrested and charged with misdemeanor battery and felony false imprisonment as a result of a dispute with his about to be ex-wife,” outlines Lakeland criminal defense lawyer, Thomas Grajek, who is not involved in the case.
The couple had been married for approximately six years and the 29-year-old Balentien, who once played for the Cincinnati Reds and Seattle Mariners, allegedly got into a confrontation with his wife one weekend. He had apparently become enraged when she did not answer the door or phone when he arrived at her home. He tore out several window screens and gained access to the home through a dining room window. As his wife was running upstairs for safety, he allegedly grabbed her, followed her into the bedroom and locked the door behind him. Balentien’s wife was not alone in the house at the time of the incident. His young daughter was also at home.
An eyewitness called police and Balentien was taken into custody and a judge subsequently issued a restraining order that he was to stay away from his wife.
Domestic violence is widely recognized as a serious crime and as such, has garnered much attention from lawmakers, various organizations and most certainly the media. Due to the intimate nature of the crime, which usually takes place between a wife and husband, many think of this offense as being physical in nature. “This is not always the case,” points out Grajek. There are actually several actions that may lead to domestic violence charges, and they include spousal rape, child incest, holding a victim captive against their will and the actual use of or the threat of using physical force against a victim.
“The kinds of charges that may be laid can include sexual battery (rape), kidnapping or false imprisonment and battery or assault. These kinds of crimes are vigorously prosecuted, so if you have been charged with domestic violence, you must contact an experienced criminal defense attorney at the first possible opportunity,” Grajek explains. Domestic violence may be a felony or a misdemeanor and becomes an even more serious felony if there are aggravating circumstances such as stalking or strangulation. If an accused makes the decision to plead no contest or plead guilty to a domestic violence charge, their arrest record cannot be expunged or sealed.
In Florida, domestic violence cases are now sent to the criminal trial divisions and anyone arrested is held without bond until they are brought before a judge for a preliminary presentation/appearance. They may make bond at that time and if so, they may also be given a bond condition that forbids them to have contact with the alleged victim. This may be modified or removed by a competent criminal defense lawyer by filing a Bond Motion. “This is a complex process and no one should attempt to deal with these types of charges on their own. One wrong step and things could go terribly wrong. Contact an attorney as soon as possible,” suggests Grajek.
Learn more at http://www.flcrimedefense.com/
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
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