Domestic violence charges are strictly enforced and aggressively prosecuted under Florida law. Hiring an experienced domestic violence lawyer is essential to safeguard your rights, establish a strong defense and immediately start negotiating with your prosecutor before formal domestic violence charges are filed against you. I have defended hundreds of domestic violence battery cases. Once hired, I will:

1. Collect and review all written, audio and video evidence;
2. Identify all possible defenses;
3. Qualify you for a pretrial diversion program;
4. Immediately start negotiating your case with your prosecutor, and
5. Do whatever is necessary to avoid a domestic violence conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Key facts in your case to consider are:

• Was the reported complainant the aggressor?
• Is this a self-defense case?
• Is there any video evidence of this incident?
• Was this incident just an accidental touching?
• Were you read your Miranda rights? Were any of your statements illegally obtained?
• Is there a lack of evidence or a conflict in the evidence?
• Are there other factors or motivations that show your lack of intent to commit a crime?

What is Domestic Violence in Florida?

Domestic battery, also commonly referred to as domestic violence, is a very serious offense in the state of Florida.  Florida Statute 741.28, defines battery as intentionally touching another individual against his or her will. Depending on how serious the injury alleged by the victim is, those accused may be charged with a misdemeanor or felony. The difference between simple battery and domestic battery is the relationship between the two parties. If the “victim” is a family or household member, the charge is domestic battery.

Family or Household Member

A family or household member is defined as:

• 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
• Persons who are parents of a child in common regardless of whether they have been married

Dating Violence

Florida law recognizes a type of domestic violence called dating violence. The term “dating violence” is used to describe violence between two people who have or have had a continuing relationship of a significant or intimate nature. To determine whether such a relationship existed, a court will consider the following three factors:

• Whether a dating relationship existed within the past six months;
• That the relationship was characterized by the expectation of affection or sexual involvement between the parties; and
• That the persons were involved over a continuous basis during the course of the relationship.

Dating violence does not include violence that takes place in a casual acquaintanceship or violence between individuals who have only engaged in ordinary fraternization in a business or social context.

Modifying Your Bond Conditions

If you have been prohibited from returning home, having contact with the reported victim or were court ordered to wear a GPS ankle bracelet, you can ask the court to remove any of these bond conditions. Bond modifications are sought on an expedited basis.  The filing of a motion to modify bond conditions, a formal court hearing and sworn testimony from the reported victim is necessary for these bond conditions to be removed.

Dropping Charges & Sworn Declination of Prosecution

The reported victim cannot drop the charges in your case. The decision to file charges or drop charges rests solely with the State Attorney’s Office. In many cases the State Attorney’s Office will proceed against you with domestic violence charges even without a willing victim. However, if you have a compelling case, no independent witnesses, a clean record or an unwilling victim, then I can use these factors to influence the prosecutor’s filing decision. Often times I will have the reported victim write a formal, sworn declination of prosecution to document the errors in the police report and his or her lack of desire to cooperate with the prosecution of the case.

Domestic Battery Penalties under Florida Law

Domestic violence battery is a typically charged as a first-degree misdemeanor punishable by a maximum of 1 year in jail, 1 year on probation, or a $1,000 fine. Prior record, injuries caused, or other aggravating factors can upgrade the charge to a felony. Other sanctions can include:

• Anger management course
• Community service
• A 26-week batterer’s intervention counseling program
• No-contact with the reported victim
• No-return provision to the scene of the incident
• Losing your right to carry a firearm
• Having a permanent criminal record

Domestic Battery Case Law

Domingues v. State, 159 So.3d 1019 (Fla. 4th DCA 2015) Report of a domestic disturbance call from residence did not provide police officer with reasonable suspicion sufficient to support stop of defendant’s automobile as he drove away from the residence, even if such call was frequently used for incidents of domestic violence. Domestic disturbance call did not necessarily indicate commission of a crime.

Orange County Domestic Violence Lawyer

If you were recently arrested or charged with any Florida domestic battery criminal offense, please call my Orange County domestic violence law firm at 407-740-7275 to discuss your options. I offer a free consultation so that we can learn about you, learn about your case and determine how I can help.