Domestic Violence Defense Attorney, South Florida

How Florida Domestic Violence Cases Work

Under Florida Statute § 741.28, domestic violence includes assault, battery, stalking, kidnapping, and other offenses committed between family or household members, spouses, former spouses, people who share a child, or people who have lived together. Florida law requires police to make an arrest whenever they have probable cause to believe domestic violence has occurred, whether or not the alleged victim wants the person arrested.

Once an arrest is made, prosecutors, not the alleged victim, control whether charges proceed. Many people are surprised to learn that an alleged victim cannot simply "drop the charges." The State of Florida is the prosecutor, and the case moves forward even if the complainant recants or refuses to cooperate.

The Injunction Problem

In most domestic violence arrests, a no-contact order is issued immediately as a condition of bond. This means you may be prohibited from returning to your own home, contacting your children, or communicating with your spouse before your case is even resolved. Violating this order is a separate criminal charge. Robert moves quickly to address bond conditions that are disproportionate to the situation.

Simultaneously, the alleged victim may file for a domestic violence injunction in civil court. Robert handles both the criminal case and any injunction proceedings, because the two processes interact in ways that can significantly affect the outcome of each.

Defense Strategies

The most common defense in domestic violence cases is cross-examination of the accuser. Domestic disputes often arise from personal conflicts, divorce proceedings, child custody battles, financial disagreements, and accusations are not always accurate. Robert investigates the history of the relationship, any prior inconsistent statements, the physical evidence at the scene, and the responding officer's observations.

Florida recognizes self-defense in domestic situations. If you were acting to protect yourself or your children, that is a complete defense to the charges. Robert also examines whether the alleged victim suffered actual injury, whether the injuries are consistent with the claimed events, and whether any witnesses contradict the prosecution's version of events.

Consequences Beyond Criminal Court

A domestic violence conviction in Florida carries a mandatory 26-week batterers' intervention program, no possibility of adjudication withheld (meaning the conviction stays on your record permanently), and a lifetime federal prohibition on firearm possession under the Lautenberg Amendment. These consequences make aggressive defense essential from day one.

Frequently Asked Questions