Sometimes a heated domestic situation gets out of hand, and you may find yourself on the wrong end of the law. When you’ve been arrested, you may start wondering how to get a domestic violence charge dropped, but you’ll be confronting more immediate problems that are best handled by an experienced and aggressive criminal defense attorney.
For starters, unlike in many other criminal cases, a defendant arrested on domestic violence charges cannot get out of jail right away by posting a bond. Before you may be released, you’ve got to go before a judge for an Initial Appearance Hearing that is supposed to take place within 24 hours of your arrest. This is where a judge reviews the charges and will set a bail amount if a bond is required for you to get out.
So while your long-term goal may be to get a domestic violence charge dropped, talking to an attorney as soon as possible is the best way to start limiting the damage. Don’t wait. Call 407-644-2466 to speak with an experienced and aggressive Orlando criminal defense attorney at the Rivas Law Firm.
The Importance of a Domestic Violence Defense Attorney at the Initial Appearance Hearing
Judges, erring on the side of caution, often issue a No Contact Order at the Initial Appearance Hearing. This order can turn your life upside down in an instant, prohibiting you from reaching out to the alleged victim or even stepping foot in your own home. The gravity of this situation cannot be overstated – you could find yourself legally barred from your residence and cut off from communication with your family, including your children. It’s crucial to have a skilled lawyer advocating for you at this hearing.
Even if the alleged victim wants to get a domestic violence charge dropped, only the judge has the authority to modify the no-contact order to allow non-hostile contact. Your lawyer can petition the court to:
- Allow non-hostile contact
- Permit you to return home
- Enable communication with your family and children
Without legal representation or the victim’s presence at the hearing, you risk losing all contact rights and the ability to return home. A lawyer is essential to protect your rights and maintain family connections during this process.
Getting a Domestic Violence Charge Dropped in Orlando
A domestic violence charge in Orlando can feel like a life sentence, even before you’ve had your day in court. But there’s hope. With the right approach and proper legal representation, it’s possible to get a domestic violence charge dropped and reclaim your life.
Orlando rightly takes domestic violence seriously. However, prosecutors often pursue even the thinnest cases very aggressively, even when the alleged victim doesn’t want to press charges. This overzealous approach, while intended to protect victims, can sometimes sweep up the innocent or those caught in complex situations.
Your attorney’s first step will be to thoroughly investigate the case, and evaluate the evidence against you. They’ll look for inconsistencies, procedural errors, or other mistakes prosecutors may have made in bringing the case.
But what if the alleged victim recants their statement? While this can certainly help your case, it’s not always a golden ticket to dismissal. Prosecutors may still pursue charges based on other evidence. Your attorney can navigate this delicate situation and work to ensure the judge properly considers the recantation.
For first-time offenders, Orlando offers pre-trial diversion programs. Completing these programs can lead to getting a domestic violence charge dropped, offering a second chance without the stain of a conviction. If you’re looking for help to get a domestic violence charge dropped, call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm.