When it comes to domestic violence cases, there seems to be a lot of confusion and misinformation floating about. Not to anyone's surprise, people have a lot of questions surrounding this controversial topic. In the following FAQ, our criminal attorney, Robert David Malove, attempts to answer 3 of the most commonly asked questions we receive.
3 Frequently Asked Questions About Domestic Violence in Florida
Why Can't People Arrested for Domestic Violence Post Bail to Get Released From Jail Until a Judge Reviews Their Case?
Domestic violence cases have special rules. Courts want to take special precautions to make sure that tempers calm and hostilities subside.
According to Florida Statute 741.2901(3), [w]hen a defendant is arrested for an act of domestic violence, the defendant shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903.
In determining bail, the court shall consider the safety of the victim, the victim’s children, and any other person who may be in danger if the defendant is released.
If you or someone you know has been arrested for domestic violence, it is important to be represented by someone with years of experience in defending these types of cases. In 1994, as an Assistant Public Defender Robert Malove was assigned to the first ever criminal division dedicated exclusively to handling domestic violence cases.
Can I Get My Belongings if I Have a No Contact Order?
According to our criminal attorney, this is a very common occurrence, and there is a way for you to get your things without violating the judge’s order to stay away. By placing a phone call to the police and explaining the situation to them, arrangements can be made for a police officer to accompany you to your former residence to gather your belongings.
With emotions running high, domestic violence cases can quickly spin out of control. The best advice I can give you is if you or someone you know needs serious domestic violence defense call me.
What’s the Difference Between “No Contact” and “Stay Away” Orders in Domestic Violence Injunction and Criminal Cases?
Even if the judge dismissed the temporary injunction for protection against domestic violence, you can only have contact if there is no other “stay away” order in effect as a condition of your pre-trial release. So, if there is not a “stay away” order as part of your pre-trial release, then having contact is ok. If a “stay away” order remains in effect as a condition of bond, the dismissal of the injunction does not authorize you to have contact.
Contact Our Fort Lauderdale Criminal Attorney if You Have Any More Questions
If you have more questions regarding domestic violence cases in Florida, please call (954) 861-0384 or contact us online to schedule a free, no-cost case evaluation with our experienced Fort Lauderdale criminal attorney, Robert David Malove.