Below is some important information if you or a loved one has been arrested for Domestic Battery or Domestic Assault here in Florida. 

First,  under Florida Statute 741.28: “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Second, this special section applies to: "Family or household member” which means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Third, unlike most crimes, if you are arrested for Domestic Battery you cannot post a bond and be released.  You will be held in jail and brought before a Judge for a "First Appearance" hearing within 24 hours of the arrest.

The time between the arrest and First Appearance

before the Judge for First Appearance is CRITICAL!

HERE IS WHAT WE DO:

1- We schedule with the Sheriff's Office to visit the Client in jail to explain what is going on and prepare to request release at First Appearance.

2- We speak to any witnesses, including Family or Household members that may have important information and organize to have them speak on client's behalf at the First Appearance.

3- If the "victim" wishes to not prosecute this can be communicated to the correct channels to work to get the Judge to remove any No-Contact condition the State Attorney's Office may request.

Following release the next critical date is the Arraignment Date which occurs within 30 days of the arrest.  This is when the State Attorney's Office makes what we call a "filing decision."

HERE IS WHAT WE DO:

1- Before arraignment, if the victim wishes, our office can help them prepare a Waiver of Prosecution Affidavit.  This document will explain details that may have been omitted from the police report to the Assistant State Attorney.  They must know ALL the facts before they make the call about whether to file charges.  Ultimately, THEY always have the last word.  In fact, they can continue to prosecute even against the wishes of a victim.  But this is a very important part of their decision making process.

2- We do our own investigation and attempt to find witnesses, independant witnesses, who have no interest in the case, that may have important information about what really happened. 

3- If a "No-Contact order was entered at First Appearance, we can IMMEDIATELY set a hearing to get that lifted or changed to allow contact.  This is especially important in cases where the "victim" may be using the criminal courts as leverage or retribution to withhold visitation of children that were part of the relationship.

There is lots of work to be done, from the very moment of arrest. 

The sooner you hire my office, the sooner we can work to put this all

behind you.