In 1998, Palm Beach County and the State Attorney=s Office created a separate court to solely handle misdemeanor domestic violence crimes.  This domestic violence court hears domestic battery and violation of injunction cases.  There is one judge assigned to this court to deal with these cases.

An individual charged with domestic battery faces a maximum of one year in the county jail.  Additionally, having a conviction for domestic battery will bar an individual from ever owning a firearm. 

When someone is first arrested for domestic battery, they are not given a bond until they see a judge the following morning.  At that hearing, the judge will then determine a proper bond.  Additionally, depending on the alleged victim=s desires, and the State Attorney=s recommendation, the judge may also order that the Defendant have no contact with the alleged victim.  This means that the Defendant will only be allowed to return to the home (assuming the Defendant lives with the alleged victim) one time with the Sheriff=s office to accompany.  Thereafter, the Defendant will not be allowed to have contact with the alleged victim until the case is over and/or until further court order.

In these cases, it is crucial that an attorney be hired immediately.  At the outset, a defense attorney can be helpful in obtaining a favorable condition of release for the client.  After the arrest, the State Attorney=s office reviews all cases and makes a decision as to whether a case will be filed.  For this reason, it is imperative that a Defendant hire a lawyer to investigate the case and provide the State Attorney=s Office with evidence in support of the Defendant.  This may have an effect on the State Attorney=s Office=s discretion in filing charges.

If charges are nevertheless filed, the case needs to be prepared for trial.  Typically, if a Defendant has no prior record and depending on the facts of the alleged incident, the State will offer a Defendant the opportunity to attend a six (6) month anger management program.  If the Defendant completes the program and does not commit any new offenses, the State will dismiss the charges.  In some cases, this is a favorable resolution.  However, it is important that a Defendant have the proper legal advice and have all options explained thoroughly prior to agreeing to this offer.

As a former Assistant Public Defender, Mr. Tendler spent 9 months in the domestic violence division.  Here, Mr. Tendler only tried domestic battery cases.  During this time and most recently in private practice, Mr. Tendler has represented hundreds of clients charged with domestic violence offenses.  Mr. Tendler has tried and won many of these cases in front of a jury.