A family disagreement can escalate faster than anyone expects. Maybe you and your co-parent argued about disciplining your child. Emotions ran high, someone tried to leave, and things got physical or were misinterpreted that way. Minutes later, there’s a knock at the door, the police are there, and a misunderstanding turns into an arrest. Now, you’re facing domestic violence allegations that could jeopardize your career, custody rights, and freedom.
If you’ve been accused or arrested for domestic violence, you need Altamonte Springs domestic violence lawyers who understand that not every argument is a crime, and that one misunderstanding shouldn’t define your life. At Moses & Rooth, we know that every story has two sides. Challenging false allegations, protecting your future, and rebuilding your peace of mind is possible.
How Florida Defines Domestic Violence
Florida law casts a wide net when it comes to domestic violence (DV) to include any assault, battery, aggravated assault, sexual assault, stalking, kidnapping, or other crime resulting in injury or death when committed by a family or household member against another.
Domestic violence can occur without visible injuries. Charges may arise from allegations such as pushing, threatening, or restraining someone if prosecutors believe these actions fit within this statute.
Your Rights After an Arrest
An arrest does not equal a conviction. The U.S. and Florida Constitutions provide protections, and an attorney can help you use them effectively. Some key rights include:
- Right to remain silent. You are not required to give statements to police or prosecutors.
- Right to legal counsel. You can have an attorney present at all stages of questioning and court proceedings.
- Right to fair bail consideration. Florida law does impose special release conditions for domestic violence cases.
- Right to a trial. The state must prove its case beyond a reasonable doubt.
Exercising these rights early, before giving statements or signing paperwork, can protect your case from the start.
Potential DV Charges and Penalties
The penalties for a domestic violence conviction depend on the circumstances. They are serious and include:.
- Misdemeanor domestic battery—up to one year in jail, probation, fines, and mandatory counseling;
- Aggravated assault or battery—felony charges that carry years in prison and steep fines; and
- Minimum mandatory jail terms—judges must impose jail time for certain offenses, even for first-time offenders.
Convictions may also lead to:
- Loss of the right to possess firearms under federal law;
- Mandatory completion of a 26-week Batterers’ Intervention Program;
- Restrictions on housing, employment, and child custody; and
- Long-term protective orders that limit contact with family members.
These penalties don’t just affect your record; they can alter every part of your daily life. Working with an experienced domestic violence defense attorney early on gives you the best chance to reduce or dismiss charges before lasting harm occurs.
Signs You Should Contact Domestic Violence Defense Lawyers Immediately
In domestic violence cases, timing matters. Florida law requires mandatory arrests when police have probable cause—meaning someone almost always goes to jail. If you’re in any of the following situations, it’s time to speak with a DV defense lawyer immediately:
- You were served with a no-contact order. This can prevent you from returning home, even if the other person wants contact restored.
- You have a prior record. Prosecutors may seek enhanced penalties if you have previous arrests or convictions.
- Your job or professional license is at stake. Teachers, nurses, and government employees often face swift employment consequences after an arrest.
- The alleged incident happened in front of children. Courts treat these cases with extra seriousness.
Acting quickly allows your legal team to contact witnesses, preserve evidence, and challenge the state’s narrative before it takes hold.
Possible Defenses to Domestic Violence Allegations
A strong defense starts with understanding what really happened, not just what’s in the police report. A domestic violence lawyer can carefully examine the evidence and build your case around the facts. Common defenses include:
- Self-defense or defense of others. You have the right to protect yourself or another person from harm. This defense may apply if the alleged “aggressor” initiated the confrontation.
- False allegations. Disputes involving breakups, custody battles, or financial motives sometimes lead to fabricated accusations. Inconsistencies between witness statements, 911 calls, and physical evidence can reveal the truth.
- Lack of intent. Accidental physical contact or verbal arguments that didn’t involve threats or injury do not meet the legal definition of domestic violence.
- Insufficient evidence. When the prosecution’s case relies only on one person’s testimony, your defense attorney can challenge credibility and expose reasonable doubt.
Each defense strategy depends on the circumstances of your case, but a proactive legal approach can dramatically change the outcome.
How a Moses & Rooth Domestic Violence Lawyer Builds Your Case
Facing criminal charges alone is one of the biggest mistakes defendants make. An experienced domestic violence defense attorney provides protection and peace of mind when everything feels uncertain by:
- Thoroughly investigating. Reviewing police reports, 911 calls, and body camera footage often reveals inconsistencies or errors.
- Challenging weak evidence. Statements made in the heat of the moment can be unreliable, and physical evidence may not support the charges.
- Filing motions to suppress. Key evidence may be excluded if your rights were violated during arrest or questioning.
- Negotiating strategically. Attorneys can push for reduced charges, diversion programs, or conditional dismissals.
Your attorney’s involvement from the beginning often determines how your case unfolds and whether you can move forward with your life. The goal is to protect you.
The Moses and Rooth Difference
At Moses and Rooth, we’re more than just courtroom lawyers, we’re dedicated advocates who truly care about our clients’ outcomes. Founding attorneys Andrew Moses and Jay Rooth are former prosecutors with over 36 years of combined trial experience. That insight into how the state builds its case gives clients a distinct advantage when charges are filed. Clients choose our firm because of our:
- Record of results in high-stakes domestic violence, assault, DUI, and criminal defense cases;
- Honest, straightforward legal advice and transparent communication;
- Willingness to fight aggressively in court while treating every client with respect and dignity; and
- Reputation for results throughout Seminole County and across Central Florida.
Our Altamonte Springs domestic violence lawyers know your life doesn’t fit into a police report. We take the time to listen, uncover the facts, and build the best possible defense for your unique circumstances. If you’ve been charged with domestic violence in Altamonte Springs, don’t wait for things to get worse.
We’re ready to fight for you in the courtroom and beyond. Let us help you move forward with your defense.