If you have been charged with domestic violence battery in Florida, your whole world can be turned upside down very quickly.
First, unlike many other misdemeanor offenses, there is never a bond issued at the time of arrest. This is to protect victims. You must first go before a Judge after your arrest for a hearing on whether or not a bond will be issued. At that hearing, if you are issued a bond, the Judge will typically order that you have NO contact with the victim and may order that you remain 500 feet away from your home or children.
Second, you will be facing criminal charges. The first step in that process is called the arraignment, which is where the Judge will want to know whether or not you are entering a plea of guilty, no contest, or not guilty. Typically, people want to contest the charges against them and so they plead not guilty. The arraignment typically occurs a few weeks after the arrest. If you hire a private attorney, he or she can likely attend the arraignment on your behalf so that you do not have to take time off of work to attend. Following the arraignment, your case will be set for a pre-trial conference or status conference, depending on the facts of the case.
Third, you may be served with a restraining order, or domestic violence injunction. This option is up to the alleged victim in the case. He or she may seek additional protection from you. A domestic violence injunction is a civil (not criminal) matter,but the two cases are often related.
If you have been arrested and charged with domestic violence, it is important that you have an experienced legal advocate in your corner. At Taracks & Associates we handle both criminal and family law cases, which gives us an excellent insight into your entire case. We will contact the alleged victim where possible to see if he or she wants to end your relationship or whether or not he or she feels this is a misunderstanding. We will attend hearings for you and waive your appearance where possible so that you don't have to take time off work. Most importantly, we will fight to prove to the State that you are innocent or, alternatively, that there are defenses that can be raised in order to help you avoid a conviction.
We have four former prosecutors on staff who have handled these cases from BOTH sides of the court room. We also have an entire family law division dedicated to helping people deal with injunctions, divorces, and child custody issues that stem from these incidents. Call us today for your free, confidential consultation.