Law enforcement agencies and prosecutors across the State take a tough stance on Domestic Violence cases. Domestic Violence is a very serious problem in Florida, and aggressive Domestic Violence prosecutions are seen as a key to reducing the Domestic Violence rate. Unfortunately, Domestic Violence is also one of the most common false accusations in criminal court. The evidence in these case often amounts to one person’s word against another’s. Divorce, financial gain and child custody disputes are common motivations for false Domestic Violence reports. These issues make Florida’s Domestic Violence laws particularly difficult to enforce. If you are falsely accused of Domestic Violence it is critical that you consult an experienced Domestic Violence Attorney right away.
All crimes of Domestic Violence in Florida, whether felony or misdemeanor, require that the accused be formally arrested. The accused will typically be held with no bond until they can be brought before a first appearance judge. At first appearance court, the judge will review the allegations, and consider setting a bond. In most cases, the judge with issue a no contact order with the alleged victim. The judge may also place additional conditions on the bond depending on the circumstances of the allegation. Domestic Violence counseling is a common requirement in these cases. After the arrest, the State Attorney’s Office will review the allegations and decide what, if any, charges will be formally filed. It is important that anyone accused of Domestic Violence retain an experience Domestic Violence attorney during this critical phase of the investigation. The prosecutor will review all of the evidence, and may call witnesses to give additional statements, prior to making a filing decision. An aggressive domestic violence defense attorney will communicate with the prosecutor and present mitigating evidence in an effort to prevent charges from being filed.
A conviction for Domestic Violence can have a devastating impact on a person’s life. It can leave a permanent scar on a person’s criminal record that can have have a dramatic affect on employment and educational opportunities. The Lambert Law Firm has vast experience defending Domestic Violence cases across the state. If you have been accused of Domestic Violence contact The Lambert Law Firm for a free consultation.