When you are accused of a crime of violence, particularly against a family member, it can be embarrassing and may tarnish your reputation in the community. Worse yet, the accusation may be unfounded, but the effect of an arrest can be all too real. When Warren Buffett astutely coined the phrase, “It takes 20 years to build a reputation and five minutes to ruin it,” he probably was not thinking about domestic violence. However, Mr. Buffett’s words of wisdom ring true even in this setting.
If you have been falsely accused of domestic violence, then you should seek the advice of an attorney. You may have legal defenses in your case. When you hire The Law Firm of Christopher D. Baehman, PLLC, I will help you evaluate your defenses and develop a strategy for resolving your case.
A single act of domestic violence can change your life forever.
Household matters can cease to be private when law enforcement is called. If a law enforcement officer investigates an alleged incident of domestic violence, then the officer is authorized to arrest without a warrant when there is probable cause; even if the alleged victim does not want or consent to the arrest. In Florida, domestic violence cases are taken very seriously. So seriously, the legislature intends domestic violence to be treated as a criminal act rather than a private matter.
Conditions of Bond versus Civil Injunction
If you have been arrested for a charge involving domestic violence then you can expect to be held in jail until you appear before the judge for your First AppearanceA hearing before a judicial officer within 24 hours of arrest to inform the person of the charges. hearing. Typically at the First Appearance hearing for a domestic violence charge, bail for your release will be set which includes a monetary bond, no contact with the alleged victim, and a requirement to move out of the residence.
Subsequent to your arrest, you may also be served with a separate temporary injunction which may place additional restrictions on your freedom; above and beyond the bail restrictions set at First Appearances. If the court issues a temporary injunction, then the court will also set a hearing on whether the injunction should become permanent. If an injunction becomes permanent, then the restrictions could limit your access to your home and children beyond the time of your criminal case.
It is very important you do not violate any conditions of release while your case is pending. Your bond may be revoked. Additionally, if the court orders an injunction, it is very important not to violate that order either. You may be charged with another criminal offense for violating the injunction.
“Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
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