- Board Certified Criminal Trial Attorney
- Former Assistant Public Defender
- Open 24 Hours
Honest Advice Is More Useful Than Early Reassurance
Robert Malove is one of fewer than 400 board-certified criminal trial attorneys among more than 100,000 active members of the Florida Bar. In domestic violence cases, that matters because the first appearance, release conditions, evidence collection, and the prosecutor's filing decision can all move forward before a client has had time to process the 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
According to Jeremy Michaelson, the firm reaches out to the State Attorney's Office immediately after a client is arrested, works to preserve evidence that could contradict the probable cause affidavit, and provides clients with straightforward, realistic guidance on what comes next.
If you need a domestic violence lawyer in Orlando, find an advocate who will review the evidence, explain immediate deadlines and consequences, and who is prepared to try the case if necessary. Robert Malove's board certification, forensic-science training, public-defense background, and trial practice give prospective clients a concrete record to evaluate when selecting a lawyer.
A person arrested in Orlando needs a realistic account of what is known, what remains uncertain, and what should be done next. Jeremy rejects the idea of telling clients something merely because it makes them feel better. His stated priority is accurate information and communication through each stage.
That approach matters because domestic violence cases change quickly. Release conditions can affect where a person lives and who they may contact. The State Attorney may file despite a change in the accuser's position. Evidence that seemed clear during an arrest may look different after messages, recordings, and witness accounts are collected.
The firm commits to hard work, communication, and preparation but cannot promise the prosecutor's decision or the final result.
A Domestic Violence First Appearance Sets Bail and Release Conditions
In Florida, a person arrested for an act of domestic violence will remain in custody until the court considers bail. Bail decisions are made at the first appearance, where the State Attorney's Office will consider the defendant’s criminal history and public safety concerns.
Jeremy Michaelson explains that the defense may have only a short window to identify reliable material that contradicts the probable cause affidavit and the first hearing should not be treated as a mere formality. elevant text messages, video, and other time-sensitive evidence may help the court decide bond or release conditions.
“Acting quickly is important.”
Jeremy Michaelson, attorney with The Law Offices of Robert David Malove
Orlando Domestic Violence Cases Are Heard in Local Courts
A case arising in Orange County proceeds within Florida's Ninth Judicial Circuit, but the exact courthouse and division depend on the charge and case assignment. Florida law applies throughout the state. The court location determines the personnel, filing procedures, and local practices involved in applying that law.
The firm's aim is to provide honest advice during the uncertain periods between arrest, filing, and resolution.
The Law Offices of Robert David Malove maintains an Orlando office at 1513 E. Livingston St, Orlando, FL 32803. The office phone is (954) 861-0384, and the office is listed as open 24 hours.
A Finding of Bodily Harm Can Trigger Mandatory Jail Time
Florida's domestic violence sentencing statute requires minimum county jail terms when a person is found guilty and found to have intentionally caused bodily harm. The minimum is 10 days for a first offense, 15 days for a second offense, and 20 days for a third or later offense. When the act occurs in the presence of a family or household member under the age of 16, the minimums increase to 15, 20, and 30 days, respectively.
The minimums explain why the exact charge, an allegation of bodily harm, and the possibility of resolution must be evaluated before a plea decision.
Domestic Violence Defense Work Starts Before Filing
An Orlando domestic violence defense can begin while the case is still being reviewed for filing. Jeremy Michaelson suggests that a discussion with the prosecutor take place before charges appear on a docket. Communication with the prosecutor begins for Michaelson directly after the arrest, when the defense may still be able to place reliable information in the hands of the State Attorney's Office before charges are filed.
Timing especially matters when text messages, video, photographs, or witness information contradict the probable cause affidavit. The firm identifies and preserves any relevant evidence early, then evaluates whether it bears 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 stated the firm's objective: "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, but the defense can responsibly present any available relevant evidence.
Michaelson said the firm is open with clients and gives "honest, realistic information." The client should always understand what information is known, what remains uncertain, and which decision comes next.
A Domestic Violence First Appearance Sets the Course of the Case
A person arrested on a domestic violence allegation must normally appear in front of a judge before release conditions are set. Michaelson explained that domestic violence cases do not use the ordinary convenience-bond path that allows for a defendant to be released prior to a first appearance.
The hearing is usually brief, but the conditions imposed can immediately affect where the accused person may live, who that person may contact, and what daily life looks like while the case is pending. Because the judge is working from a limited record, reliable information that challenges the accuracy of the arrest narrative should be escalated. Michaelson has seen text messages or video "completely contradict what's in the report." When that evidence is available and properly presented, it may significantly affect bond or release conditions.
The objective is not to turn the first appearance into a trial, but to ensure the initial police account does not stand as the only version of events before the court. For a family seeking to assist someone arrested in Orlando, make sure to retain the arrest paperwork, messages, and original media, identify potential witnesses, and refrain from editing files or influencing witness statements.
A Recanting Accuser Does Not End a Domestic Violence Case
The State Attorney's Office, not the complaining witness, decides whether to file a Florida domestic violence charge. An accuser’s request to "drop the charges" is important, but it may not end the case.
In addition to an accuser’s statements, prosecutors can rely on various different types of evidence, like statements of 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’s role is to identify which evidence can be
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 seek exclusion of evidence that does not meet the governing 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 Has Lasting Consequences
Resolving the immediate charge is only one part of evaluating a domestic violence plea. Michaelson identified consequences to consider 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 and is commonly required in domestic violence matters. According to Michaelson, a judge’s waiver of the program is possible but unlikely.
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 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 other than domestic violence. The available evidence, the client's history, and the prosecutor's position determine which defenses can responsibly be pursued.
The Firm's Orlando Office Is Open 24 Hours
1513 E. Livingston St, Orlando, FL 32803
Open 24 Hours
(954) 861-0384Frequently Asked Questions
Can an accuser drop domestic violence charges in Orlando?
The accuser can communicate a change in position, but the State Attorney determines whether or not to file charges. Evidence other than the accuser’s statement may allow the case to continue.
What should my family preserve before first appearance?
Preserve the arrest paperwork, text messages, video, photographs, and witness information. Do not edit the files or ask any witness to change a statement.
What is the most important issue in an Orlando case?
The defense concentrates on honest advice during the uncertain periods between arrest, filing, and resolution.
Talk to an Orlando Domestic Violence Lawyer About Next Steps
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.