- Board Certified Criminal Trial Attorney
- Former Assistant Public Defender
- Open 24 Hours
Building the Factual Record for the First Hearing
Robert Malove is one of fewer than 400 board-certified criminal trial attorneys among more than 100,000 active members of the Florida Bar. That distinction matters in domestic violence cases, where important steps, including the first appearance, the setting of release conditions, the collection of witness evidence, and the prosecutor's filing decision, can take place immediately after an arrest.
- Board Certified in Criminal Trial Law by the Florida Bar
- Former Assistant Public Defender in Broward, Palm Beach, and Miami-Dade counties
- Master's in Forensic Science from the George Washington University
- Metro-Dade Police Academy Field Sobriety Testing Course
- Founding member of the National College for DUI Defense
Jeremy Michaelson explained that the firm starts communicating with the State Attorney's Office directly after a client’s arrest, preserves evidence that may contradict the, and gives the client honest, realistic advice about next steps in the case.
If you need a Fort Lauderdale domestic violence lawyer, it's important to have an advocate who will review the evidence, explain immediate deadlines and consequences, and who has a defense team prepared to try the case if an acceptable resolution is not available. Robert Malove's board certification, forensic-science training, public-defense background, and trial practice give prospective clients a concrete record to evaluate.
Clients and their families can help preserve useful evidence. Save original messages, photographs, recordings, names, and arrest paperwork. Do not alter evidence or ask anyone to change a statement.
A Domestic Violence First Appearance Can Impact Release Conditions
In Florida, a person arrested for an act of domestic violence will remain in custody until a court considers bail. Before first appearance, the State Attorney's Office must investigate the defendant's history, and the court considers public safety when setting bail and release conditions.
Jeremy Michaelson explains that the defense may have only a short window to identify reliable that contradicts the probable cause affidavit. Text messages, video, and other time-sensitive evidence may help the court decide bond or release conditions. The first hearing should not be treated as a formality.
“Acting quickly is important.”
Jeremy Michaelson, attorney with The Law Offices of Robert David Malove
Fort Lauderdale Domestic Violence Cases Are Heard in Local Courts
A case arising in Broward County proceeds within Florida's Seventeenth Judicial Circuit, but the specific courthouse and division depend on the charge and case assignment. The location does not change Florida law. It determines the personnel, filing procedures, and local practices involved in applying that law.
For the first appearance, the key considerations are the first appearance record and evidence that contradicts the probable cause affidavit.
The Law Offices of Robert David Malove maintains a Fort Lauderdale office at 200 SE 9th St, Fort Lauderdale, FL 33316. The office phone is (954) 861-0384, and the office is listed as open 24 hours.
The State Controls the Domestic Violence Charging Decision
An accuser can tell the prosecutor that they do not want charges pursued, but that request alone does not end the case. Florida law allows specialized domestic violence prosecutors to make filing, non-filing, diversion, and prosecution decisions over the alleged victim's objection when necessary.
The firm then evaluates other evidence the state can use, including statements from other witnesses, recordings, photographs, or a 911 call. Jeremy's point is direct: "The state decides whether to pursue the criminal charges." Early communication with prosecutors matters because filing decisions are often made quickly after an arrest.
Domestic Violence Defense Work Starts Before the Filing Decision
A Fort Lauderdale domestic violence defense can begin while the case is still being reviewed for filing. According to Jeremy Michaelson, a discussion with the prosecutor should not wait until after charges appear on a docket. It begins after the arrest, when the defense may still be able to place reliable information in front of the State Attorney's Office before charges are filed.
That distinction matters when text messages, video, photographs, or witness information contradict the probable cause affidavit. The firm identifies and preserves those materials early, then evaluates whether they bear on first appearance, release conditions, or the prosecutor's filing decision. Waiting to collect evidence can mean losing footage, context, or the opportunity to address the accusation before the prosecutor takes the next procedural step.
Michaelson described the firm's objective this way: "You don't want to wait until the charges get filed. You want to try to prevent them from getting filed." The prosecutor controls the filing decision,
The same candor governs client communication. Michaelson said the firm gives "honest, realistic information" instead of telling frightened clients only what they want to hear. The client should always understand what information is known, what remains uncertain, and which decision comes next.
A Domestic Violence First Appearance Determines Bond and Release
A person arrested on a domestic violence allegation must appear in front of a judge before release conditions are set. Michaelson explained that the ordinary convenience-bond path that allows for a defendant’s release before a first appearance is not available in domestic violence cases.
The conditions imposed at the first appearance can immediately affect where the accused person may live, who that person may contact, and how daily life will look while the case is pending. Because the judge is working from a limited, early record, reliable evidence that challenges the accuracy of the arrest record can be important to present at the first appearance. For example, Michaelson has seen text messages or video footage "completely contradict what's in the report." When that evidence is available and properly presented, it can impact bond or release conditions.
The goal is to prevent the police narrative from becoming the only narrative the judge considers. For a family trying to help someone arrested in Fort Lauderdale, the practical work is preservation: save the arrest paperwork, save messages and original media, identify witnesses, and avoid editing files or coaching witness statements.
A Domestic Violence Case Does Not End Because of a Recanting Accuser
The State Attorney's Office, not the complaining witness, decides whether to pursue a Florida domestic violence charge. An accuser's request to "drop the charges" is therefore important information, but it does not automatically end the case.
In addition to an accuser’s statements, prosecutors may also rely on other witnesses, photographs, a 911 call, body-camera footage, or statements made at the scene. Importantly, Michaelson also draws a distinction between a person who no longer wants prosecution and a person who says the original allegation was false or inaccurate. The defense must identify which evidence can be presented at trial
For these reasons, the firm does not build an entire defense around whether one witness will appear. Michaelson explained that the firm will file motions in limine before trial to ask the judge to exclude evidence that does not meet the governing evidentiary standard. For example, a 911 call may be admitted under a hearsay exception such as an excited utterance, while other out-of-court statements may remain inadmissible without a testifying witness. The admissibility of evidence will depend on the statement, its purpose, and the surrounding facts.
A Domestic Violence Plea Can Have Lasting Consequences
Resolving the immediate charge is only one part of evaluating a domestic violence plea. Michaelson identified additional consequences that require attention when deciding whether to take a plea: mandatory jail exposure when bodily harm is found, the Batterers Intervention Program, and firearm restrictions.
Michaelson explained that Florida law can impose minimum jail terms in qualifying domestic violence cases involving bodily harm, with higher minimums for repeat offenses and when the conduct occurs in front of a qualifying child. Additionally, a court can mandate participation in Florida’s Batterers Intervention Program, which generally lasts at least 29 weeks and is commonly required in domestic violence matters. The provider cost can vary, and a judge's waiver is possible but uncommon, according to Michaelson.
The type of charge is also relevant to firearm ownership. A conviction can carry consequences relating to future firearm ownership. Michaelson said the firm discusses these issues before a client enters a plea.
When the facts support it, the firm may explore whether the case can resolve under a charge that is not designated as domestic violence. The available evidence, the client's history, and the prosecutor's position determine what can responsibly be pursued.
The Firm's Fort Lauderdale Office Is Open 24 Hours
200 SE 9th St, Fort Lauderdale, FL 33316
Open 24 Hours
(954) 861-0384Frequently Asked Questions
Can an accuser drop domestic violence charges in Fort Lauderdale?
The accuser can communicate a change in position, but the State Attorney controls the criminal filing and prosecution decision. Other evidence may allow the case to continue.
Will I receive a standard bond immediately after arrest?
No. Florida law requires a person arrested for an act of domestic violence to remain in custody until the court considers bail.
What is the most important issue in a Fort Lauderdale case?
The defense concentrates on the first appearance record and evidence that contradicts the probable cause affidavit.
Talk to a Fort Lauderdale Domestic Violence Lawyer About the Next Decision
Robert Malove is a board-certified criminal trial attorney, one of fewer than 400 in the state out of more than 100,000 active members of the Florida Bar. The distinction requires at least 25 contested cases and a minimum of 20 jury trials every five years.
If you are under investigation, have been arrested for an alleged domestic violence offense, or need advice before first appearance, fill out this form or call the firm at (954) 861-0384.