Domestic violence is not a separate crime in Florida. It is a label that attaches to a crime, most often simple battery, when the alleged victim is a spouse, former spouse, family member, someone you live with or have a child with. The label changes how the case is handled, often from the first hour.
What happens right after a domestic violence arrest?
Florida’s law pushes police toward arrest when they find evidence of domestic violence. You will usually be held until a first appearance before a judge, and the judge commonly orders no contact with the other person. That can mean you cannot return to your own home, speak with your partner, or see your children until the order is changed. Violating a no-contact order is a new crime, even if the other person contacts you first.
Can the alleged victim drop the charges?
A common misunderstanding is that the other person can “drop the charges.” They cannot. The State Attorney decides whether to go forward. A victim’s wishes matter, but they do not end a case.
What can a domestic violence conviction bring?
A simple battery is a first-degree misdemeanor. A conviction with intentional bodily harm carries a mandatory minimum jail term, a batterer’s intervention program, and probation. A second battery conviction can be a felony. Other consequences include limits on owning firearms, effects on child time-sharing cases, and immigration problems for non-citizens.
What do I look at in a domestic violence case?
Who called, and what did the 911 recording and body-camera video capture? Are there injuries, photographs and independent witnesses? Was there self-defense? Many of these cases involve conflicting accounts from the same night, and what the evidence shows can be very different from the report.
How do I protect myself while the case is pending?
Do not contact the other person about the case, even to apologize, and do not post about it. Messages are used as evidence.
If you have been arrested in Hillsborough, Pinellas or Pasco, call me at (813) 228-6001.
The consultation is free.
Sealing and expunction. A conviction for assault or battery against a family or household member, aggravated assault, felony battery, aggravated battery, domestic battery by strangulation, or stalking cannot be sealed or expunged, even if adjudication was withheld. A charge that was never filed, was dismissed, or ended in acquittal is treated differently. See expungement and record sealing.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
What should I bring to the consultation?
Bring whatever paperwork you have: the arrest or charging papers, any bond or release papers, notices of court dates, and any letters from the court or the state. If you don’t have them yet, call anyway and we will sort out what is missing.
Where do you handle cases?
Mainly in Hillsborough, Pinellas and Pasco counties, from my office in Tampa.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 741.28 (definition), 741.283 (minimum jail), 741.29 and 741.2901 (arrest policy and first appearance), 784.03 (battery).
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: All practice areas, Driving While License Suspended in Florida, Violation of Probation in Florida, Drug Trafficking Charges in Florida.