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Q: Can the police arrest both of us for domestic violence?

A: The police have the difficult task of trying to piece together what occurred before they arrived on scene. Florida law informs the police officer that an arrest of the primary aggressor is the preferred response of law enforcement. An arrest of a person acting in a reasonable manner to defend or protect oneself or another is not a preferred response under Florida statute 741.29.

This does not mean the officer can’t make an arrest of both parties if they believe they have probable cause to show each party committed a crime of domestic violence. The law only prioritizes who law enforcement should focus on. If you or a loved one was arrested for domestic violence while protecting yourself or another family member call us to discuss your case. The criminal sanctions for a domestic violence offense are just the beginning. Protect yourself and contact Tampa Bay’s best criminal defense attorneys at the Rooth Law Group.  To schedule your free consultation: 727 797 9600 in Pinellas County, 813 333 6517 in Hillsborough County, 727 232 3912 in Pasco County.

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