02/04/2013 12:29 pm ET Updated Feb 04, 2013

Maury Hernandez, Former Broward Deputy Shot In Head, Arrested For Strangling Wife (VIDEO)

A former Broward Sherriff's Office deputy who survived being shot in the head in 2007 -- and who shot a homeless man in 2012 -- has been accused of domestic violence.

Maury Hernandez, 33, was allegedly arguing on Sunday with Yvonne Linen, his wife of 3 months, over their son staying with Linen's parents.

When Linen reached into a vehicle to pick up their son, Hernandez reportedly began shoving her from the diver's seat. He became "irate and proceeded to grab her by the neck with right hand and applied pressure to a point that [Linen's] normal breathing was impaired and was not able to breath," according to the arrest affidavit.

Police say Linen, who immediately sought shelter at her parent's house and called authorities, suffered visible bruising and red scratches on her throat.

Hernandez is charged with domestic battery by strangulation. When he appeared before a judge Monday, his attorney argued that Hernandez's injuries would have prevented him from executing such an assault, according to CBS Miami.

The judge set his bond at $2,500.

Hernandez was shot in head in 2007 when he pulled over David Maldonado, a convicted felon who owned a handgun his probation officer knew was in his possession, according to Broward New Times.

After multiple surgeries and rehabilitation, Hernandez regained the ability to talk, making what Jackson Memorial Hospital doctors called "a miraculous recovery." He eventually addressed media at a press conference in fluid English and Spanish.

Then just last year, the former deputy was again the news after he shot a homeless man outside of a Miami Lakes ice cream shop. Hernandez told authorities that the man assaulted his mother, telling El Nuevo Herald, "I feared for my life and that of my family...I pushed him and tried to control him physically, but he continued. In the end I had to shoot him."

The homeless man survived after being treated at Jackson's Ryder Trauma Center, and no charges were filed. Police said Hernandez acted in self-defense and used a permitted, concealed weapon.