Legal Question in Criminal Law in Florida

My aunt attacked my uncle in his home. He lives with my grandmother, and she jumped in the middle of it. My aunt ended up with a few bruises from falling into a wooden cabinet on the ground. My grandma came away with a tiny bruise on her arm, and my uncle came out in fairly ugly shape (lots of bleeding on the front & back of both arms, his heel, and she even managed to knock his tooth out). They were supposed to come out and photograph all of my uncles injuries, but nobody showed up. I, however, took pictures--can those legally be used as evidence if needed?

My aunt was hauled to jail, even though my uncle just wanted her to leave the house. 4 police officers determined she was the one who deserved to go. My aunt told my grandma to tell the police that he beat them up, but she wouldn't do it. After she got out of jail, she posted pictures of her bruises on Facebook. My aunt & her husband are continuously calling and emailing my grandma & upsetting her. They're threatening my uncle through her. Now my aunt is threatening to press charges against my uncle for assault since he isn't dropping the charges against her. Is this possible? She said she has a lawyer and "can't come within 500 feet of the person who hit" her. As far as we all know, there's no restraining order against anyone. My uncle is planning on getting one against my aunt since she's a trouble maker and would likely come around again starting problems. Can he get one against her husband, too? He's got extremely violent tendencies, talks about being violent, and hits my aunt (but has no record).

My uncle was advised that even if HE wants to drop charges, they still may decide to prosecute her. He's conflicted because all of this started after my mom passed away 2 weeks ago. All of your answers/advice is greatly appreciated.


Asked on 8/06/13, 4:51 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

There are too many details to properly answer your question in this forum. Both your aunt and your uncle need to talk to different attorneys because they are both facing different legal issues. My advice to both of them is to seek legal counsel right away.

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Answered on 8/08/13, 7:44 am


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