DOMESTIC VIOLENCE DEFENSE ATTORNEY IN ORLANDO
Former Prosecutor | Over 10 Years of Experience | More than 40 Trials
If you have been arrested for domestic violence, you may be facing jail, fines, probation, and a permanent criminal record. In addition, while the case is pending, your bond conditions may prevent you from returning to your home or having contact with your family.
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. Additionally, domestic violence cases can affect your ability to own a firearm and 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 for individuals arrested for these charges. 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 critical to speak with an experienced criminal defense attorney before your first court date.
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.
Self Defense and Stand Your Ground
Florida’s Stand Your Ground law (Florida Statute 776.032) permits the use of force if you reasonably believe that such use of force is necessary to defend yourself or others. Under certain circumstances, you may use deadly force to defend yourself or others. An experienced aggravated battery defense attorney can evaluate the evidence in your case and file a motion to dismiss the charges if you were acting in self-defense.
Lack of Intent
To prove an aggravated battery charge in Florida, the State must establish that you committed an intentional act which resulted in the unconsented touching of another. A criminal defense attorney can scrutinize the witness testimony, photographic and video evidence, and other items in the case file to evaluate whether or not the act itself was committed with intent.
A Former Prosecutor on your side
As a former prosecutor with over 40 trials and 10 years of experience in criminal law, Ben Baxter knows how the State Attorney’s Office investigates domestic violence charges, interviews witnesses, and prepares these cases for trial.
He does not simply react to the case as it unfolds, he uses his experience as a prosecutor to anticipate the State’s strategy, identify weaknesses in the evidence, and develop a proactive defense tailored to the facts of each case. He can:
- Represent you at first appearance and bond hearings;
- Conduct an independent investigation;
- Review witness statements and physical evidence;
- Depose witnesses to uncover inconsistencies and additional evidence;
- Examine whether your constitutional rights were violated;
- Evaluate possible self-defense claims;
- Negotiate with prosecutors when appropriate; and
- Prepare your case for trial when necessary.
Central Florida Justice Can Help
Central Florida Justice founder Ben Baxter 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 has the knowledge and experience to defend his clients’ rights and fight for their futures and their freedom.
Central Florida Justice believes 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.
Every domestic violence case is different. An arrest is not a conviction, and early intervention by an experienced defense attorney can make a meaningful difference in how a case is resolved.
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.
