- Board Certified Criminal Trial Attorney
- Former Assistant Public Defender
- Open 24 Hours
Advocacy Starts Before Arraignment
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 Miami domestic violence lawyer, it’s important to have an advocate who will review the evidence, explain immediate deadlines and consequences, and be 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 solid credentials to evaluate.
The period after arrest and before formal filing is an opportunity to give the prosecutor reliable information the police report may not contain. Jeremy said the firm's domestic violence work emphasizes communication with the State Attorney from the time of arrest in an effort to prevent unsupported charges from being filed at all.
Miami-Dade prosecutors decide whether the available evidence supports charges, and Florida law gives the State Attorney the right to file charges even when an accuser objects. Early defense work, including preserving messages, locating recordings, and identifying witnesses, can help influence the State Attorney’s decision.
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 material 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
Miami Domestic Violence Cases Are Heard in Local Court
A case arising in Miami-Dade County proceeds within Florida's Eleventh Judicial Circuit, but the exact 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.
Early communication with the State Attorney before a filing decision is key.
The Law Offices of Robert David Malove maintains a Miami office at Wells Fargo Center, 333 SE 2nd Ave, Ste 2000, Office 2051, Miami, FL 33131. The office phone is (954) 861-0384, and the office is listed as open 24 hours.
Domestic Violence Evidence Does Not Begin and End With the Police Report
The defense evaluates the against any other available evidence: recordings, messages, witness accounts, and self-defense evidence. A police report can be important but it is not the only significant evidence.
Jeremy described cases in which text messages or video directly contradicted accounts in the probable cause affidavit. He also identified a recurring self-defense issue: officers responding to a residence may make an arrest before the defense has an opportunity to collect evidence.
“We always want to be truthful with our clients and give them accurate information.”
Jeremy Michaelson, attorney with The Law Offices of Robert David Malove
Domestic Violence Defense Work Starts Before the Filing Decision
A Miami domestic violence defense can begin while the prosecutor is determining the charge. Jeremy Michaelson said that an initial discussion with the prosecutor should not wait until after charges appear on a docket. Start the discussion 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.
Michaelson has seen cases in which text messages, video, photographs, and 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. In other words, waiting to collect evidence can mean losing files, context, or the opportunity to address the accusation before the prosecutor takes the next procedural step.
Michaelson described the firm's objective like this: "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, and the available evidence controls what the defense can responsibly present.
In terms of client communication, Michaelson said the firm gives "honest, realistic information" instead of telling nervous clients inaccurate information to help them relax. The client should always understand what information is known, what remains uncertain, and which decision comes next.
A Domestic Violence First Appearance Determines More Than the Initial Bond
A person arrested on a domestic violence allegation must normally appear in court before release conditions are set. Michaelson explained that the ordinary convenience-bond path that allows a defendant to be released before a first appearance is not available in domestic violence cases.
The hearing is usually brief, but it’s important. The conditions imposed can immediately affect the accused’s everyday life, including where they may live, who the accused may contact, and how daily life works while the case is pending. The judge is working from a limited, early-stage record, so it becomes the defense's job to bring forth reliable information that challenges the accuracy of the arrest narrative. 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 significantly affect bond or release conditions.
The goal is not to turn a first appearance into a trial. Rather, it is to prevent the police narrative from becoming the only narrative the judge considers. For a family trying to help someone arrested in Miami, the key is preservation: keep the arrest paperwork, save messages and original media, identify witnesses, and avoid editing files or coaching witness statements.
A Recanting Accuser Does Not Control a Domestic Violence Case
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 significant information, but it does not automatically end the case.
Importantly, 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. Michaelson also draws a distinction between an accuser who no longer wants to pursue prosecution and an accuser who later says the original allegation was false or inaccurate. The defense must identify which evidence can be and presented at trial.
For these reasons, the firm does not construct 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.
Long-Term Consequences of a Domestic Violence Plea
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 generally requires participation in Florida’s Batterers Intervention Program, which lasts at least 29 weeks. 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 carry different consequences relating to future ownership of firearms. Michaelson said the firm informs a client of these issues before the client enters a plea.
When the facts support it, the firm may explore whether the case can resolve under a non-domestic violence charge. The available evidence, the client's history, and the prosecutor's position determine what positions can be responsibly pursued.
The Firm's Miami Office Is Open 24 Hours
Wells Fargo Center, 333 SE 2nd Ave, Ste 2000, Office 2051, Miami, FL 33131
Open 24 Hours
(954) 861-0384Frequently Asked Questions
Can an accuser drop domestic violence charges in Miami?
The accuser can communicate a change in position, but the State Attorney controls the criminal filing and prosecution decision, not the accuser. Other evidence may allow the case to continue.
Does every domestic violence case require a batterers' intervention program?
Florida Statute 741.281 generally requires the program for anyone with a guilty finding, a withhold, or a no-contest plea, subject to the statute's stated exceptions.
What is the most important issue in a Miami case?
The defense concentrates on early communication with the State Attorney before a filing decision.
Talk to a Miami 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.