Attorney Anthony Rickman is a former domestic violence prosecutor dedicated to protecting the rights of those accused of Domestic Violence. As a prosecutor Anthony experienced first hand alleged victims who would fabricate, lie, and accuse innocent people of domestic violence. As a Defense Attorney, Anthony will represent you against the false accusations of your accuser and fight for your freedom, your reputation, and your rights. If you have been accused of domestic violence contact The Rickman Law Firm today for a free consultation.
“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.
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 constitutes domestic violence. “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.
IF ARRESTED FOR DOMESTIC VIOLENCE YOU WILL BE HELD ON “NO BOND”
Being arrested for a domestic violence charge can be a frightening experience. Florida law requires that a “No Bond” status be set until he or she is brought before a judge to address one’s eligibility. Typically, the court will issue an order allowing “No Contact” between the victim and the arrestee, which usually forces the arrestee to vacate a once-shared home. Additionally, unlike most criminal charges, Domestic Violence cases cannot be sealed or expunged from your arrest record, unless you are acquitted or the charges are dismissed.
After your arrest You will appear before a judge who will address the issue of your bond. You will be advised of the charge against you and the judge will determine whether to set a bond or release you on your own recognizance. All paperwork relating to your arrest will be forwarded by the arresting agency to the Office of the State Attorney. Your case will be assigned to an individual who will make a determination whether to formally file charges against you. By hiring an attorney soon after your arrest, we will be able to contact the State Attorney’s Office at this early stage to begin our defense of your case. If a decision is made to file charges, our representation will continue as your case works its way through the court system. Your case will be assigned to a prosecutor and a division. We will maintain contact with the prosecutor and the courts to defend your charge and work towards a resolution in your best interest. Unfortunately an arrest cannot be undone. However, we will work to protect your interests and your rights leading you through every step of the criminal justice system.
Once you re-released, you must follow the specific court order as to whether you can return to your family home. If the court order allows your return, you will be able to reside in the family dwelling so long as you maintain no violent contact with any resident of the home. If the court order prohibits residing at the residence, you must have a law enforcement officer escort you to obtain any essential personal belongings. The court order and law enforcement will only allow certain items removed from the family home. We can assist in your understanding of the court’s order and possibly file a motion seeking more liberal visits or even return to the family home.
You must follow the specific court order as to whether you may have contact with the alleged victim or other associated party to your case. If the court ordered no contact, you must not attempt to contact the person in any way. All forms of communication (personal meeting, telephone, email, text message, fax, etc.) are completely prohibited. In addition, you must not ask anyone to make contact on your behalf. If the court allowed contact, you may have permission to make contact with the alleged victim in the case. We will assure that your rights are protected and assist you in having appropriate contact, as ruled upon by the judge, with the other party to your case. If the order is unclear or you would like to see different terms, we may be able to file a motion on your behalf seeking favorable relief. Violation of a court order could lead to additional criminal charges including but not limited to: contempt or violation of a domestic violence injunction, if one is in place.
Once you are arrested, the State of Florida becomes a party to the charge against you. Although there is an individual listed as the alleged victim, the case will be styled, “The State of Florida vs. you”. Therefore, even if the victim does not want to press charges, the State may proceed with prosecution. We will discuss and negotiate matters with the State Attorney’s Office drawing attention to factors in your best interest and supporting your defense.