Eviction And Defense Options

Summary

In Florida, if a partner refuses to leave your home and becomes combative, you may need to consider eviction or a restraining order. The Stand Your Ground law allows you to use force if you believe its necessary to prevent harm. However, police may arrest based on their assessment of the situation. Consult a lawyer to review your case, use recordings as evidence, and explore options for challenging charges or filing a police misconduct complaint. Your attorney can assist in filing reports and building a defense strategy.

Full Conversation

I was begging him to leave and he would not leave and he kept lunging at me and so I recorded it of him coming at me he would leave to go start walking out then he would turn around again and come at me and then start walking out the door again and then come back at me but anyway long story short I ended up calling the police after I may see him to protect myself in my home in Florida which has stand your ground law and the police ended up arresting me and said that I was the one that was the aggressor. So I went to jail and I just got out and now I am facing charges of domestic violence and they were asking me questions if I was intimate with him and I told them no because I consider intimacy like romance and he does not allow me to be intimate with him and so I was answering them honestly and so they treated it as domestic violence because of my answers so I just wanted to know what you thought about them arresting me and can I sue them for wrongful imprisonment?
It sounds like a very stressful situation. In Florida, the Stand Your Ground law permits you to use force if you believe it's necessary to prevent harm. However, the police may have arrested you based on their assessment of the situation and the evidence they gathered.
To address your situation:
- Consult a Lawyer: It's crucial to get a legal expert to review the details of your case.
- Evidence: Use the recording you mentioned as evidence to support your defense.
- Wrongful Imprisonment: Suing for wrongful imprisonment is complex and would require proving that the police acted without probable cause.
Would you like assistance in finding a local lawyer to help with your case?
Yes
I can help connect you with a local lawyer who can better assist you with your case. Could you please provide me with your phone number, name, and your *-digit ZIP code?
Yes
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It sounds like you have a strong case for needing legal assistance given the circumstances. Could you please let me know what else you need help with?
I wanted to say that i asked them to let me speak to this Sergeant or to commanding officer or manager and they said later but when I asked again several more times they basically just brushed it off and would not allow me to speak to their supervisor isn't this alone or Reason to sue them?
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It's frustrating when authorities don't respond to requests for a supervisor. While it alone may not be sufficient for a lawsuit, it could support a broader claim of mishandling or misconduct. Discuss this with your lawyer for a comprehensive evaluation.
Would you like more information on police misconduct or related legal options?
I wanted to say that they allowed my partner to basically skateboard in front of my house back and forth for hours are basically until they took me away and the police car and knowing that he would try to regain regain access to my home and they did not care and I asked him if they could look at other videos before making a determination and they would not hear it.
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It sounds like you have multiple concerns regarding police conduct and your arrest. Here are some relevant points:
- Police Misconduct: If the police ignored evidence and your requests, this could be part of a broader complaint.
- Defense Strategy: Using video evidence to demonstrate your defense is crucial.
Would you like more detailed guidance on filing a police misconduct complaint?
Can my attorney file a police misconduct report for me
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Yes, your attorney can assist you in filing a police misconduct report. They can help gather and present the evidence effectively, ensuring all your concerns are addressed in the complaint. Would you like more detailed guidance on the steps involved in filing this report?
Talk to me about how Florida's stand your ground law Works in terms of dealing with a domestic partner so to speak that does not live with you. Does one law trump the other? Can i use stand your ground on anyone? Does the law change depending on who the person is that won't leave my home?
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Florida's Stand Your Ground law allows you to use force without retreating if you believe it's necessary to prevent imminent harm. Here are some key points:
- Stand Your Ground applies regardless of the relationship to the person.
- Imminent Threat: You must reasonably believe you're in danger.
- Evidence: Recordings and other evidence are crucial.
Would you like more details on how to proceed with your defense?
What is the person has his back turned to me when i sprayed him with pepperspray?
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In Florida, the use of pepper spray must be justifiable under the Stand Your Ground law. Key points to consider:
- Imminent Threat: Even if the person has their back turned, you must reasonably believe they pose an imminent threat.
- Reasonable Force: The force used should be proportionate to the threat.
Would you like more information on building your defense with this in mind?
They labeled him the victim and arrested me! Why? I called them for help! And i got arrested.. is it possible to have these charges dropped or have him labeled as the aggressor and not me? Can i sue them for wrongfully assessing the situation and throwing me in jail?
Case Rating: *
It sounds like you have a complex situation. Here are some steps you can take:
- Consult with Your Lawyer: They can help challenge the charges and present evidence to show you were defending yourself.
- Evidence: Use your recordings to support your defense.
- Police Misconduct: Discuss with your lawyer about filing a complaint for mishandling the situation.
Would you like more specific details on any of these steps?