In these case results, we share our clients’ stories about defending against false charges of domestic abuse. You'll learn about not only the outcomes of their cases but also how they came to face these charges in the first place.
DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.
Domestic Battery Charge Dismissed! Law Office Goes Extra Mile to Save Client From Having a Criminal Record
Case ID: 19007496MM10A Date: 3/23/2021
This was not a set of facts any criminal attorney would want to go to trial against. The client and his wife were married for 14-years and they had 3 children together. One-night things got out of hand and they got into a physical altercation which resulted in the client striking his wife. The police were called to the scene and the client was placed under arrest for battery.
The client hired the Law Office of Robert Malove after he was arrested and after doing our research and investigation this was a case the client could not win if he went to trial. As such, we switched gears and met with the State Attorney’s Office and his wife and we were able to convince the State Attorney that this was a one-time event that was unlikely to happen again, and prosecution of the client would result in a financial loss for the client and his wife.
Ultimately, we were able to convince the state to dismiss the charges and the client and his family were very happy with the outcome.
See Nolle Prosse Memorandum From This Case
Aggravated Battery Charges Dropped After The Law Office of Robert David Malove Intervenes
Case ID: 21-001372CF10A Date: 3/12/2021
The client got into an argument with his girlfriend about who owns the house they both live, the argument escalated and the client slammed his three (3) month pregnant girlfriend against the wall, cutting her forehead. When the girlfriend’s seventy-six (76) year old father attempted to intervene and stop the altercation from escalating even further, and the client shoved the father to the ground. The police were called and the client was arrested for aggravated battery against a woman he knew to be pregnant, and battery on a person over the age of sixty (65) for battering her father.
After numerous conversations with the client, the victims, and the State Attorney’s Office, The Law Office of Robert Malove was able to convince the State’s Attorney’s Office not to proceed with the case and the charges were dropped against the client.
Domestic Violence Charges Dropped After Proving Police Assumptions Shown to Be Wrong
Case ID: 210012596CF10A Date: 2/26/2021
The client had been living with his girlfriend for about a year when they got into yet another altercation. They had been yelling and screaming at each other when the argument began to escalate. The client’s girlfriend alleged that the client had shook her, forced her into a closet and, in an attempt to remove himself from the situation, locked her out of the bedroom. The girlfriend contacted police by using the neighbors phone. Due to the girlfriend being distraught and the red marks left from girlfriend being restrained, the client was arrested for Domestic Violence.
The Law Office of Robert David Malove, P.A. conducted a hearing to modify the no-contact order which turned into a contentious hearing where we were able to point out inconsistencies with the police report and how the police did not take the girlfriend’s statement down correctly due to her poor English and no Spanish speaking police officers. Police made assumptions that were not true. After these things were pointed out on the record the state dropped the case.
Felony Domestic Aggravated Battery and Resisting an Officer Charges Dismissed
The client was arrested in the middle of the night for felony domestic violence aggravated battery and resisting an officer charges after the police were called to his home by neighbors who heard loud voices and screaming. While the new client was in jail awaiting first appearance, his mother, also an attorney, hired Fort Lauderdale criminal defense lawyer Robert David Malove.
Right from the start, Robert took control of the situation. In the morning, Robert appeared before the judge via Zoom and negotiated the client’s pretrial release without the client having to post a monetary bond. Once the client bonded out, Robert met with him and listened to his side of the story.
After investigating what our client told us, we spoke with the victim and listened to her side of the story. The versions the client and the victim advised us of did not match up with what the police officers wrote in the arrest affidavit. We reached out to the Assistant State Attorney who was assigned this case and began to discuss the inconsistencies. After several conversations with the Assistant State Attorney, they agreed to look into the case based upon our findings. Within a month, the State dismissed the case!
Client Accused of Domestic Battery by Off Duty Officer - Case Dismissed
Our client was arrested for domestic battery. According to the arrest report our client was in the Hard Rock Hotel & Casino with his girlfriend. Security was alerted that there was an alleged battery that occurred. Security approached my client and his girlfriend about the report of a physical altercation. Both my client and his girlfriend adamantly denied they had any physical altercation with one another. Notably, there were no visible injuries.
Hard Rock security was advised of an independent witness to the incident and this witness turned out to be a police officer from the City of Hialeah. The off duty officer advised security that he witnessed my client slap his girlfriend in the face, pull her hair, and head butt her. As a result of this statement my client was arrested for domestic battery.
After reviewing the case file and the video I was able to meet with the State Attorney’s Office and present evidence showing why the off-duty officer’s statement is not trustworthy and the evidence did not support that a battery took place.
On August 28, 2019 the State filed a Nolle Pros and the case was dismissed. My client need not appear for any further proceedings, his pretrial conditions were vacated, and he will no longer have to worry about being falsely accused of committing domestic battery.
Jury Finds Domestic Violence Client Not Guilty
Our client took in her cousin who was going through a rough patch. She allowed her cousin to live with her and her fiancé. Little did our client know that while her cousin was staying with her she was getting cozy with her fiancé in an effort to kick her out and move in.
Her cousin started plotting how she was going to make her way into the residence. After a couple of months the cousin’s plot unfolded. Her cousin devised a plan where she would allege that our client committed a battery against her. She called the police and told the police that our client had an altercation with her and that it had been physical. Conveniently, this call was placed when our client had left the house to meet up with police to report an incident involving her cousin. When our client arrived back at her house with the police, she saw police were already at her house. Our client was greatly surprised when these police officers arrested her without getting her side of the story. No investigation was done and the arrest was based solely on the allegation by her cousin.
During our representation of the client, we went back and forth in negotiations with the state to get the best outcome for the client. The State made an offer to the client to enter the diversion program. Our client grappled with the thought of accepting this program. She knew that was the safest bet and would ensure that she would get her case dismissed. However, in the end the client decided that she could not take responsibility for something she did not do. She did not want her cousin to win. She decided she wanted to go to trial. Before trial, we met with the client to prepare testimony. We spent hours preparing for the witness stand and gathering all the evidence possible to show the jury that the allegation by the cousin was a concocted fiction.
The case came down to the credibility of the witnesses. The State presented two witnesses, the police officer who arrested our client and the cousin (the alleged victim). During the closing argument we argued that the police officer had a fuzzy memory and failed to fully investigate the situation. We also argued that the cousin’s testimony should not be trusted. She had a motive to lie and her testimony was evasive. She did not answer questions directly and her explanation for what happened kept changing. Thankfully the jury was able to see that this whole allegation was a story made up by the cousin to get our client out of the house so that the cousin could move in and continue to live the easy life. The jury came back with a not guilty verdict and our client got to leave the courtroom as a free woman.
Felony Domestic Violence
I was living with my girlfriend for over a year at an apartment in Hollywood. Our relationship began going south. Her behavior was erratic and she as not taking her bipolar medication regularly. She had been a recovering alcoholic, but she began drinking again. I was trying to be patient, but the situation had become intolerable. I was preparing myself to break up with her. She must have sensed that I was going to send her on her way. One day after work, I came home and she was smashed. She started to ridicule and berate me. I kept my cool and went into the kitchen. Out of nowhere she sucker punched me and I dropped to the floor like a sack of potatoes. Next thing I know she was stomping me. I gathered myself, fended off her attack and got out of there as soon as I could. I left my cell phone behind so I went into the management office to call someone for help. That’s when the police showed up. They wouldn’t listen to me. They cuffed and stuffed me into the back of their cruiser, and carted me off to jail.
My family called attorney Robert Malove. This man is the stuff! Because I had an open DUI case pending, I couldn’t post bond. Malove thoroughly investigated the case. In a few days he met with my girlfriend, who by now had sobered up. She admitted to Malove that she had a total alcohol blackout and didn’t recall anything. She signed a waiver of prosecution. My case was dropped soon after that and the judge on my DUI case reinstated my bond.
Client Accused of Clobbering Philandering Husband
My client thought she was happily married until one day she received a phone call from a woman who turned out to be her husband’s girlfriend. The call started out with my client enduring a slew of verbal insults. To make matters worse she was sent emails with pictures of the woman sprawled out naked laying across my client’s bed. My client felt betrayed, humiliated and violated.
Apparently, my client’s two-timing husband had no idea that his girlfriend had called. When he arrived home, all hell broke loose. Neighbor’s heard lots of screaming and things being broken. Someone called the police. By the time the cops came, my client and her now soon-to-be ex-husband had gotten into a tussle. My client was accused of clobbering him over the head with the leg of a table. She was cuffed and stuffed into the squad car and hauled off to jail.
After getting her bonded out of jail (special rules apply to posting bond in domestic violence cases), we set about the task of investigating the the entire incident. My client’s husband chose not to air his philandering ways and I was able to persuade the State Attorney’s Office to drop the charges. The process of having the case removed from my client’s record is underway.
Client Falsely Accused of Domestic Violence
Recently a new client came to me after being falsely accused of domestic violence. My client had filed for dissolution of marriage and his soon-to-be ex-wife made up a total cock and bull story in order to gain leverage in the divorce proceedings. I made it clear to her, through her attorney, that this made up event could cost my client his job which in turn would affect his income and impact the amount of her alimony and child support. Once that was made clear, she assisted me in persuading the State Attorney’s Office to not file the case. Now that the case has been dismissed, we are getting the entire arrest record physically destroyed through the expungement process.
Husband Arrested After Dispute with Wife
My wife and I had been quarreling and having a few still cocktails things only got worse. My wife went outside for a walk to cool off. The police were on routine patrol in our upscale neighborhood and saw her crying. Everything got completely blown out of proportion and the next thing you know, I was being cuffed and stuffed into the back seat of the police cruiser. I’m a pretty educated guy and a business executive so I needed to find an attorney with top-shelf skills who could make my problem go away. I did my research online and found attorney Robert Malove. The man is a pro at what he does and set my mind at ease. He was able to maneuver in such a way that my charges were dropped and my case was never filed. Today, I received a court order expunging my entire criminal record. I can truthfully say that I was never arrested. Thanks Robert for keeping your word.
Concerned Father Sought Help for His Son and Son's Girlfriend in Domestic Violence Case
Recently one morning while driving into court, I was contacted by a concerned father, who told me that his son and his girlfriend were arrested for domestic violence. He had read my legal guide on AVVO.com and had some questions about how to post their bond. I guided him through the process.
The following day, I met with the man’s son to discuss how I could be of assistance. I explained to him the various aspects of law that applied to his situation and we agreed on a strategy. Separately I met with my new client’s girlfriend and we reviewed her situation. Both clients agreed to waive any conflict of interest existed if I agreed to represent both of them.
Over the next 10-days to two weeks we were able to put their cases in a legal posture that resulted in the State Attorney’s Office dropping all charges. My clients have already applied to have their criminal history records expunged.
Client Stopped on His Way Home at an Automobile Roadblock Sobriety Checkpoint
My client was a very likable, retired telephone installer who was stopped on his way home from a date at an automobile roadblock sobriety checkpoint. The contact officer detected the odor of an alcoholic beverage on the client’s breath and conducted further investigation. Even though the client had an old leg injury, he performed the field sobriety exercises adequately. Nevertheless, the client was arrested. The client was offered a breath test and after numerous attempts to get clarification from the public service aid regarding the consequences of submitting to or declining to take the breath test, the client refused to take the breath test.
The State refused to reduce the charges, so we proceeded to trial. Before I had enough time to collect my belongings and exit the courtroom, the jury returned a verdict after deliberating for all of 3 minutes. Just enough time to elect a foreman and take a vote.
Wife Doesn't Want to Press Charges, Husband Arrested Anyway
My house was up for sale. I was working with a realtor who was a real nice guy. One day he called me to let me know to expect a call from his neighbor. The neighbor called. A very respectable banker from up north. Anyhow he made the mistake of mixing too much alcohol with prescription medicine and had a bad reaction. He got into an uncharacteristic argument with his wife and pushed her. She ran outside quite upset (having had too much to drink herself) and encountered the police who, unbeknownst to her, were responding to a false burglar alarm in their upscale neighborhood. The police spoke to her and without her desire to press charges, her husband was cuffed and stuffed into the back of the police cruiser. She bonded him out. She called me asking how to let the prosecutor know that she did not want to press charges. I prepared the necessary paperwork for her and filed it.
Case DISMISSED Before the arraignment! Record EXPUNGED!