try to gain some composure here for a second you're alright you're here with us will be used against you in court law you have the right to talk to a lawyer and have him or her with listen you're gonna see a court or you're gonna see a judge in the morning in the morning yes in the morning April 26th 2026 Florida a woman calls police to report a domestic dispute with her boyfriend of two years at a hotel she is interviewed then arrested for domestic battery who you talking to my cousin OK let's hang up we can call her back let's take let's take a deep breath I know let's take a deep breath you don't know OK hold on hold on let's take a deep breath try to gain some composure here for a second you're alright you're here with us what happened my boyfriend did the same shit to me he's done to me the past two years which is gaslighting me and making me look crazy but it's all out of reaction again and I know it is and I'm so frustrated by it I tipped the band money and he got mad about it OK so then he after leaving me he came back in and said I can either leave with him or stay haha I said I'm gonna stay like I did then where were you Sloppy Joe's OK and I said I'm gonna stay I'm not gonna be controlled anymore so he said fine I'm gonna throw your shit out so I came back and all my things were thrown out out of the room I got so then you guys get like an argument or something and then yes we got into an argument and of course he starts up I'm recording you you look crazy you look crazy did he threaten to hurt you at all not this time all the times like previously yes but but just now he didn't threaten to hurt you at all this time it was I will mental hospital you have your ID on you yeah I don't want to press charges I don't want to listen how long have you been dating him two years okay so I shouldn't have called I let me explain I made it bigger than can I explain something to you real quick in the state of Florida there are no press charges not press charges when it comes to a domestic situation okay so if we if we can't establish anything happened cool you're obviously leaving so we'll find you find you somewhere else to stay so you're separated okay but if I we can establish that something physical did happen then we go a different route however right now we don't have the I don't wanna press charges I wanna press charges option because in the state of Florida domestic situations which is what this is cause you guys been together for a while it's up to us get your ID for me we're just gonna put you in the call to say that we talked to you and then we're gonna go up there and we're gonna talk to him he's gonna say that I shoved him he's gonna say that I didn't he recorded he said that he started recording after I shoved him and I know that I did shove him because he started saying all these things to me and I was like are you kidding me again so you you pushed him is what you're saying yes OK I'm in jail now oh just find your ID I just don't know what to do everybody told me I shouldn't get back with him and then I okay well some relationship advice I was engaged for two years nobody knows your relationship like you do okay and I should have gone back with him okay and I don't wanna go to jail I'm so sorry you're not gonna go to jail but what if he says that I pushed him and you guys believe me and then it's gonna make me go to jail it's not about believing it's about I saw what happened with Taylor freaking all that girl everybody believed her and then they made her go to jail it's not a listen I'm so frustrated everybody was right everything you was saying that doesn't matter right now Melissa that doesn't matter right now I don't like whatsoever listen to me please I know you're scared I know you're frustrated I get all the things it's alright I called out of frustration listen listen I need you to I need you to listen okay we take both sides you're leaving okay so we're gonna all we attempt to do is make sure everybody's safe we separate the parties okay you're obviously leaving we're gonna go up and talk to him what I need you to do now is get on your phone and try to find another hotel because we the only thing I care about is your safety and where you're going to stay after this say it's on my phone because at the end I was fighting with him for his phone so he's it's all gonna be on me and I don't care what he says listen I don't care what he says it's on proof he says it's on video that I'm fighting with him for his phone and look at me we're gonna deal with that later if that's the case we'll deal with it later has he been drinking he's drunk he's been drinking the same as I have so yes alright so we're gonna have a cop come on because we're gonna keep it down here yeah we'll have somebody stay with him we'll go up he's gonna take care of you for now okay while we go up can you show you I don't want you to show up for him I'm afraid show me what you wanna show me so ma'am so I just arrived I don't know what happened they're gonna go there they're gonna investigate did he ever put his hands on you or no he's just made threats in the past I shoved him tonight because he made claims against me and I've got frustrated and I broke with the things he was saying to me yet again kick me out yet again everything with him is so manipulative and in control so ma'am listen as long as there's no physical nobody would have but I pushed him so now I mean push him it's not like if he was approaching you and he just push him it's and I know it's bad I shouldn't have shoved him but I'm just I mean if he was and he started approaching me so I went to grab his phone not that bad and then I started to grab his phone and then we fought about his phone and then he was like look at what she did to my hands and I was like look what you did to my hands over it so isn't that just as bad and aren't I the bad guy I've seen the video recordings about that girl are I gonna be the one in trouble now did he ever touch you before you pushed him or did he not tonight okay so after you shoved him then what happened then he grabbed his phone saying see she just shoved me she just shoved me after he said thanks to me again like he has the past two years so after you shoved him he didn't shove you back or touch you oh and then after that we had a conversation and then it was see she's fighting me about my phone see she did this to me see she did that but never mind the fact that the past 2 years I have literal text of him saying I wanna hire somebody to beat the shit out of her I wanna fly down there and slap the fuck out of her well did you call or did he call I called because he kept telling me he kept telling you to call yes for what because if I have such a problem call the police because he's kicking me out of his hotel room that he paid $10,000 for for the whole weekend for his birthday after we broke up a month ago because I was finally done with this shit and he hasn't changed I and now he's saying I'm drunk I have an alcohol issue I don't have an alcohol issue I've never ever been in trouble for alcohol I don't drink and drive I was simply going to put reasonably so all of these things into my car and then go find somewhere to stay then it was call the police because they're gonna arrest you for public intoxication no we don't do that but I would not operate a vehicle if you had been drinking no I wasn't going to operate a vehicle I just wanted to put my things in my car okay Elisa I feel like you're working yourself up a little bit I know I am so why don't you stop talking and let me talk we showed up because you called us you're not in trouble we're investigating what happened once the officers are done with their investigation upstairs more than likely you'll go about your business we'll assist you in the best way we can and getting you into another hotel and then it'll be perfectly fine obviously you'll have stuff to figure out with whatever this kid's name is but in terms of like being so upset because you think you're in trouble and all that stop because you're not in trouble and everything's okay you're safe relax take a deep breath stop talking I'm getting arrested right now read something and then we'll go from there OK you have the right to remain silent anything you say can and will be used against you in court of law you have the right to talk to a lawyer and have him or her with you while you're being questioned you can decide at any time to exercise these rights and not answer any questions or make any statements you understand your rights as I've explained them to you yes okay having these rights in mind are you willing to answer any of my questions we need verbal affirmations so it's just yes or no do you want to answer any of the questions we're gonna ask like do I wait I don't know I don't know I need to OK yeah I guess I guess yeah I can answer OK so there they're gonna be very direct questions did you hit his phone out of his hand yes I grabbed it OK and I went to pull it out after you did that yes did you lunge at him and fight with him over his phone yes I tried to fight for his phone because he was trying to record me after he didn't even tell me he was recording me so listen he's got an injury to his right forearm in the state of Florida battery whether domestic or not which in this case is domestic is an unwanted touch or strike he didn't want you to hit his phone and he didn't want you to lunge at him to get to get his phone so you're gonna be under arrest for battery okay now listen listen I understand everything you said beforehand it's documented okay but because of your actions hitting him and struggling with him over the phone we have enough probable cause to arrest you for battery you understand that do me a favor and turn around put your hands behind your back don't struggle with me Melissa just turn around don't try to run we're gonna handle that here in one second okay I don't know what to do hold on hold on hold on I didn't no listen listen listen we're gonna go to the jail okay you're gonna listen you're gonna see a court or you're gonna see a judge in the morning in the morning yes in the morning okay what we're trying to do here is help you out by putting all of your stuff in your car when you get out whenever that is at some point tomorrow you can Uber back here and get your car my life I just want it away from him dude like I understand but you listen it's not I understand because he's allowed to act like this it's not even about how he acted it's about the decision you made to hit his phone out of his hand and then try to wrestle his phone you understand that right yes stand right here and face that way again let me get the seatbelt on I'm gonna turn the air up I know it's hot back here okay listen this is super straightforward okay listen listen to me listen to me it's not moving I was engaged for two years I was in a kind of a similar situation OK in another state OK now in the state of Florida like I told you we don't have the luxury of this or that OK sometimes in the past the victim says hey I don't want anything done and they dropped it completely OK I'm not saying this was gonna happen but in the past that has happened okay you understand that okay so listen your life's not ruined okay it's a it's a misdemeanor charge for battery but like I have text message proof of him saying I won't lie down there slap the shit out of you just for saying that and like with all these double standards and it's all just reactive things like he's allowed to say things to me and I know I shouldn't have grabbed his phone and I'm sorry that I did but how come he's allowed to do all these abusive things to me and I can't defend myself I should never have called I didn't know I thought you guys would just help me get away from him I just thought I'd be help for us to both separate for the better for both of us not us getting trouble I didn't want him to get in trouble and he's the one that's been abusing me mentally for two years I don't have like a lawyer that I know to help me in this situation I am not a violent or mean person I know I'm not and everybody I know I knows I'm not should I call my cousin whose boyfriend is a homicide detective in Miami instead of my mom cause he would have more experience I don't know what to do I'm just scared it's not gonna work itself out for me because nothing Florida Statue 741.29 mandatory domestic violence arrest when an officer has probable cause to believe domestic battery occurred arrest is required by law the victim has no authority to determine whether charges are filed I Florida Statute 784.03 Battery any intentional and unwanted touch or strike of another person constitutes battery no visible injury is required a shove and a physical struggle over a phone both independently satisfy this statute probable cause was established through three independent elements the subject's own voluntary admission of physical contact before arrest visible injury to the victims right forearm documented by officers and a video recording of the incident referenced by both parties Burkimer v Mccardy 1,984 voluntary statements made before formal arrest are not subject to Miranda protections the subject's pre arrest admissions were constitutionally admissible without prior rights advisement her candor supplied the foundation for her own arrest Miranda v Arizona Mil Novecientos Sesenta y SEIS prior to post arrest questioning officers administered the full Miranda warning right to remain silent right to an attorney right to appointed counsel and the right to terminate questioning at any time all four elements were correctly delivered following Miranda advisement the subject waived her rights and answered questions she confirmed both battery elements under direct questioning under Miranda v Arizona this constitutes a knowing and voluntary waiver post arrest statements are therefore independently admissible domestic battery under Florida Statute 784.03 is a first degree misdemeanor maximum penalty one year in county jail and a fine of $1,000 Florida Statute 741.281 additionally requires mandatory enrollment in a certified batterer's intervention program upon conviction Florida Statute 741.2901 Mandatory Prosecution the state attorney must make a good faith effort to prosecute domestic violence cases regardless of victim cooperation a victim declining to testify does not foreclose prosecution legal lesson pre custodial voluntary statements carry full evidentiary weight a person under investigation who speaks without counsel before formal arrest provides the prosecution with its strongest evidence the Fifth Amendment right to remain silent exists before any Miranda warning is required legal lesson in mandatory arrest jurisdictions calling police during a domestic dispute carries direct legal risk for both parties officers are required by statute to arrest whoever committed battery regardless of who initiated the call or the history of the relationship the subject was charged with domestic battery Atwater versus city of Lago Vista 2,001 confirms the Fourth Amendment permits warrantless misdemeanor arrests when probable cause exists the case remains pending