Recent Broward Law Blog Features

Wednesday, February 25, 2009

Domestic Battery Arrest for 'Unwanted Hug'

Jonathan Turley's blog Res Ipsa Loquitor has been voted one of the best in legal theory. But today we applaud him for picking up a story about carrying domestic violence laws too far. The place, Florida; Hernando County.

Actually, it is also a warning to those of you out there who have ever been on the wrong end of a restraining order. Remember, stay away. No emails, no texting, no driving in front of your ex's apartment. No phone calls. Stop. Cease. Do Not Contact. Especially, do not touch. Definitely, Do Not Touch. So there is your blog message. Obey the Restraining order or you will wind up being judicially restrained.

Look up, at Lori Smith, pictured above in a rather disoriented state. She was arrested for giving her boyfriend Kevin Connelly an 'unwanted hug'. She was charged with one count of domestic battery. Now keep in mind there was no restraining order in place in this instance. It was a deputy responding to a domestic call.

So here is the hilarious scenario. Well, not hilarious for the women arrested.

Deputies in Hernando County respond to a call and upon arrival, made contact with the victim, Kevin Connelly.

Kevin advised that he had been involved in an altercation with his girlfriend, Lori Smith, with whom he resides. Kevin advised that Lori tried to hug him; however, he did not wish to be hugged. Kevin stated that Lori grabbed him several times and “threw him around the room.” Kevin advised that he physically pushed Lori down on the bed in order to get away from Lori. Kevin did not have any injuries. I then spoke to Lori, and she advised that she attempted to hug Kevin twice; however, he pushed her away because he did not wish to be hugged. Lori did not have any injuries. Due to the fact that Kevin did not wish to be touched, and Lori continually grabbed a hold of him, she was taken into custody for one count of Domestic Battery. She was then transported to the jail without incident.'

Sometimes government goes too far, and though none of us was there to see the level of anger and intensity which may have there existed on the date and time the deputy responded, but he twice wrote 'no injuries.' So it looks like an abusive arrest. Still, this woman better not go back to try to make up, because with a restraining order now in place, a 'make up hug' could a felony make.'Make up sex'? Guess that would be Life!

This case reminds me of too many instances where inconsequential conduct led to ludicrous arrests based on specious charges which could not be sustained. Had cases where throwing water on someone caused a party to get locked up, so this is no big shock.

Might be interesting to have some lawyers post comments below on some of the more bizarre domestic battery cases they have come upon as well. Makes you wonder if we do not compromise the real cases for false claims.

1 comment:

  1. good story, this is broward county, there is no justice, innocent people get locked up all the time, cops get away with murder, see jaablog today on judge are right, though, no surprises in this story.