At O’Toole Law Firm, our attorneys are former prosecutors that have over 25 years of experience both as prosecutors and defense attorneys. We understand that there can be severe consequences for anyone charged with domestic violence in the State of Florida.
We understand that you may need to retrieve personal items from your home in order to function in your daily life. Our domestic violence defense attorneys understand the dilemma you are facing and have the experience and knowhow to return your life back to normal.
Please understand that domestic violence cases are unique, and are not prosecuted in the same manner as other crimes. The State will not hesitate in interfering with the sanctity of the family unit and attempting to have one spouse testify against the other, even if the spouse does not want to testify. You need an experienced and aggressive attorney who will protect your rights and help you return to your family, if that is your goal.
We are successful because we have the experience and reputation to challenge the prosecutor. We are successful because we also care about our client’s needs. We understand that relationships are difficult and despite a minor altercation, you want to speak to you loved one and make things right.
Our domestic violence defense attorneys have only one goal:
GET YOUR DOMESTIC VIOLENCE CASE DISMISSED.
DOMESTIC VIOLENCE OVERVIEW
Domestic violence can be charged even if neither spouse has been injured and if one spouse does not want the other to be arrested. Domestic violence can also be charged in roommate disputes, disputes between same-sex partners, and disputes between children and their parents.
In Florida, whenever the police report to a domestic disturbance, someone is going to be arrested, regardless of whether there is any evidence of physical injuries. In addition, the person arrested will appear in court the next day and issued a No Contact Order – which means that he or she cannot return to the home until the order is lifted. Judges will most likely set a high bond because they are fearful of a repeat occurrence and do not want to be blamed if the spouse charged with domestic violence returns to the home to commit another crime.
The domestic violence defense attorneys at O’Toole Law Firm will immediately go to work on your case in order to obtain a bond reduction. We understand that in many circumstances the spouse of the person charged with domestic violence will be the person who hires us in order to help get the accused released from custody. Our domestic violence defense attorneys are former prosecutors and know every defense and loophole with domestic violence cases. We also understand the difficulty and sensitivity in which these cases must be handled because of their private nature.
The only way to get the No Contact Order dismissed is to complete the 26 week anger management course or have you case dismissed.
PENALTIES FOR DOMESTIC VIOLENCE AND NO-CONTACT ORDER
Spouses charged with domestic violence, even first-time offenders, should understand that they cannot return to their own home until the No Contact Order is lifted. If your case is not dismissed, the No Contact Order remains in effect until you complete a 26 week anger management class. The domestic violence defense attorneys at O’Toole Law Firm understand that in real life, it is extremely difficult to perform daily activities such as pay bills and speak to your children without having contact with your spouse and being able to enter your home.
If you decide to take a plea and resolve your domestic violence case without a fight, punishment can be harsh. Punishment includes a mandatory probation and mandatory anger management courses. You must also pay court costs, cost of probation, and costs for the anger management program. If your case is considered aggravating, you could face significant amount of jail time, community service hours, and intensive counseling.
The experienced domestic violence defense attorneys at O’Toole Law Firm will do whatever it takes under the law to see to it that your case is dismissed. Our experienced attorneys have the knowledge, resources, and reputation to go after the prosecution’s case. We know how to get the job done.
The prosecution is relentless and will not drop the case even if the victim asks them to.
THE STATE WILL NOT VOLUNTARILY DROP THE CASE
Most clients come to us thinking that a simple telephone call, meeting, or letter to the prosecutor will make everything go away. Unfortunately, the prosecutor’s office will not be moved. They will prosecute.
- Even if your spouse does not want to cooperate with the prosecution, the case will not be dropped.
- Even if your spouse wants you to return to the home – you will not be allowed.
- Even if you spouse does not want to go to court to testify against you – the prosecutor will force the situation.
The victim will continue to be contacted by the victim advocate’s office. The victim will continue to receive telephone calls and letters. The victim will receive a subpoena every month until the case is dismissed. The reason for this pressure is so that the victim is pressured into testifying against the person accused of domestic violence.
This is where our office comes in. We will fight back. We will go to work immediately and show the prosecution that we want the family back together. We will put pressure on the prosecutor to drop the case. In the end, we want your case dismissed as quickly as possible.
We want your family back together to work things out.
RESOURCES AND LINKS
Women In Distress of Broward County
Domestic Violence Handbook
The National Domestic Violence Hotline
Abuse, Rape, and Domestic Violence Aid and Resource Collection
Broward County Family Success Administration Division
Florida Coalition Against Domestic Violence
Gay and Lesbian domestic violence resources
Gay and Lesbian Community Center of South Florida