DOMESTIC VIOLENCE DEFENSE ATTORNEY IN ORLANDO

Domestic Violence (Florida Statute 741.28) charges in Florida are serious criminal offenses that carry immediate consequences and long-term impacts on your freedom, criminal record, and family. In Florida, “Domestic Violence” is not a separate criminal charge, but is a legal designation applied to Assault and Battery offenses when the alleged victim shares a qualifying family or household relationship with the accused. The alleged victim in Domestic Violence cases is typically a spouse or relative of the accused. These cases are a high priority for most State Attorney’s Offices and are prosecuted very aggressively, possibly resulting in jail, prison, probation, mandatory counseling, the inability to own or possess a firearm, and a permanent criminal record. Additionally, Domestic Violence offenses are ineligible to be sealed or expunged, so even a withhold of adjudication will stay on a person’s criminal record.

What if The Victim Wants to Drop the Charges?

The alleged victim in a Domestic Violence case may wish to drop the charges and may have even told officers that they did not want the accused to be arrested. Unfortunately, that decision is not up to them. In the State of Florida, the State Attorney’s Office has the final say in whether or not charges are filed in criminal cases.

Bond After a Domestic Violence Arrest

Domestic Violence offenses also carry immediate consequences. These cases are ineligible for Bond without the approval of a Judge, so most people arrested for these offenses end up spending at least one night in jail. Release conditions for these offenses will also typically include “no return” and “no contact” orders, often preventing the accused from speaking to their family or returning to their own home. This can cause a severe disruption of a person’s living situation, finances, and family relationships before the case ever gets to trial. These immediate effects of Domestic Violence charges mean that it is absolutely critical to speak with an experienced criminal defense attorney as soon as possible.

Domestic Violence penalties in Florida

In addition to the penalties for the underlying offense (Assault and Battery are the most common), which typically include jail, prison, probation, and fines most Domestic Violence cases carry additional penalties:

• Ineligible to be sealed or expunged;
• Mandatory 26-week Batterers Intervention Program;
• Permanent loss of federal Firearm rights;
• Inability to return home

Defenses to Domestic Violence Charges in Florida

Defenses to Domestic Violence charges are unique to each case, but typically involve witness/victim’s recanting their statements, victim’s declining to participate in prosecution, inconsistencies in witness testimony, self-defense under Florida’s Stand Your Ground Law. Some more serious Domestic Violence cases involve complex scientific and medical testimony as well. Having an experienced criminal defense attorney with the knowledge to scrutinize the State’s evidence and find flaws and weaknesses in the prosecution is essential to getting the best possible outcome and protecting the rights of the accused.

Central FLorida Justice Can Help

Central Florida Justice founder Ben Baxter is a former prosecutor and Orlando criminal defense attorney with over a decade of experience in criminal law. He understands how Domestic Violence cases are investigated, charged, and prosecuted; and he works quickly to advocate for clients at First Appearance to fight for a reasonable bond and pursue modification of a no-contact order so that his clients can return home and be with their families. Domestic Violence allegations have immediate effects and always involve emotional situations. Because these cases can hinge on conflicting accounts and limited physical evidence, early strategic legal representation is essential.

Ben also understands that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

If you or someone you know has been arrested for Domestic Violence related charges in Orlando or the Central Florida area, including Osceola, Lake, Polk, Seminole, and Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with Orlando Domestic Violence defense attorney Ben Baxter.