Domestic Violence Charges: Defending Your Rights and Future

The Gravity of Domestic Violence (DV) Charges

Florida takes a "pro-prosecution" stance on domestic violence. Often, police will make an arrest if there is any sign of disturbance, even if the "victim" does not want to press charges. Once the state takes over the case, the alleged victim cannot simply "drop" the charges.

Immediate Consequences: The No-Contact Order

Upon arrest, a "No Contact" order is almost always issued. This means you cannot go home, call, text, or email your spouse/partner. Violating this is a separate criminal offense (First Degree Misdemeanor) and will likely result in your bond being revoked, keeping you in jail until trial.

Definitions and Relationships

DV includes assault, battery, stalking, or false imprisonment by a "family or household member." This covers spouses, ex-spouses, co-parents, and people residing together as a family.

Collateral Damage

Beyond jail and fines, a DV conviction has unique lifelong impacts:

• Gun Rights: Under federal law, a DV conviction permanently bans you from owning or possessing a firearm.
• Child Custody: It creates a rebuttable presumption that it is detrimental for the child to share time with the convicted parent.
• Criminal Record: DV pleas generally cannot be sealed or expunged if you are adjudicated guilty.

Defenses Against DV Charges

• Self-Defense: You have the right to defend yourself against an aggressor, even a spouse.
• False Allegations: Unfortunately, false claims are sometimes used to gain leverage in divorce or custody battles.
• Lack of Evidence: Often these are "he said, she said" cases with no independent witnesses or physical injuries.
• Defense of Property: Protecting your belongings during a dispute.

Conclusion

Early intervention is key. We often contact the State Attorney's office immediately to present evidence that may persuade them not to file formal charges.