If you were arrested for Domestic Violence, the Judge will issue a NO CONTACT order, which will prevent you from having any contact whatsoever with the victim, and you will be ordered to MOVE OUT of your residence, until your case has come to a final disposition!
If arrested for domestic violence, a new State law requires you be placed on pre-trial ankle monitoring if you are released with no bond. This means you may only be allowed to leave your home for work and things of that nature depending on the level you are placed on.
DOMESTIC VIOLENCE Offense’s Are Different
In a Domestic Violence case, the first hearing is called the magistrate appearance. The Judge will inform you what you have been charged with and determine whether there is probable cause to maintain the charge based on the affidavit submitted to the Court by the arresting officer. If probable cause is found, the Judge will set a bond. Bond in these types of cases is typically a higher amount than if the same charge was not classified as Domestic (i.e. a normal charge of battery). You are entitled to a bond hearing! The State of Florida then has 33 days to file formal charges (called an information) against you. You may have the right for a motion to release on your own recognizance (ROR), meaning with no bond! If the State has not filed formal charges against you in this time frame, you have the right to be released with no money bond on your own recognizance.
The judge will issue a No Contact order. This means you and the alleged victim will not be allowed any contact whatsoever, with or without the alleged victim’s permission, until the case is disposed of. Most importantly, it is the State’s decision and the State’s decision alone whether or not to drop a case, not the alleged victim’s. Do not assume the State will drop your case because the alleged victim does not want to prosecute. The State’s case must be carefully examined from the probable cause for the arrest to the evidence the State is able to produce.
The Law office of Daniel Rosenberg, P.A. has experience representing individuals charged with Domestic Violence charges including Battery, Assault, Violations of injunctions or restraining orders, and Criminal Mischief. Daniel Rosenberg’s previous DOMESTIC experience includes working on hundreds of Domestic Violence cases with the Broward County Public Defender’s Office where he was stationed in both Domestic Violence divisions as an attorney, a certified legal intern, and a volunteer intern. Daniel Rosenberg is experienced regarding the proper procedural and evidentiary requirements that must be met by the State in order to pursue these types of offenses and has participated in numerous jury trials.