A quiet night at home suddenly turns tense. What starts as an argument over shared bills or who should care for the dog escalates into shouting. A neighbor hears the commotion, calls 911, and within moments, the Maitland police are at your door. What began as a simple disagreement has now led you to face a domestic violence charge and uncertainty.
It’s a frightening situation, but our experienced Maitland domestic violence lawyers can help you combat false allegations, misunderstandings, or one-sided claims.
When a Heated Moment Turns into a Criminal Charge
In Florida, domestic violence is any crime resulting in physical injury or death to a family or household member. This includes assault, battery, sexual battery, stalking, kidnapping, and false imprisonment. Family or household members include:
- Spouses or former spouses,
- People who live or lived together as a family, and
- Parents with a child in common, regardless of marital status.
Even minor incidents like pushing a partner during an argument or grabbing a phone in frustration can lead to an arrest. Once law enforcement responds, they often make an arrest even if the alleged victim (or complainant) doesn’t want to press charges. You can be taken to jail based on one statement, even if there were no visible injuries or witnesses.
Understanding the Weight of a Domestic Violence Charge
Being charged with domestic violence in Maitland isn’t just about facing time behind bars. It can affect every part of your life, with:
- Mandatory jail time. Judges must impose at least 10 days in jail for first-time convictions involving physical harm.
- Probation and counseling. Many sentences include a year of probation and mandatory completion of a 26-week Batterers’ Intervention Program.
- Fines and restitution. Penalties often include significant financial costs and possible payments to the complainant.
- Loss of firearm rights. Federal and Florida law prohibit firearm possession after a domestic violence conviction.
- Permanent record. A domestic violence conviction cannot be sealed or expunged, even for first-time offenders.
The damage to your reputation can linger long after the case ends. Landlords, employers, and even schools often treat a pending domestic violence charge as a serious red flag. That’s why swift, informed legal representation matters from the very beginning. We help you take control of the process, protect your rights, and move forward with your life.
Domestic Violence Charges Often Start with Everyday Situations
Many of the cases we handle arise from emotional and personal moments that got out of hand, rather than from calculated acts of violence, such as:
- A dispute about shared expenses that turns physical,
- Tension over caring for a pet or child that leads to an argument,
- A breakup or divorce that prompts one partner to call the police,
- An accidental injury during a confrontation, or
- Miscommunication during a heated text or phone exchange.
Each situation has multiple perspectives to consider. As your domestic violence defense attorney, we help ensure your side is heard.
Defending Yourself When the Story Isn’t Clear
Prosecutors in Orange County aggressively pursue domestic violence charges, even when the evidence is thin. Our defense strategies often include:
- Challenging inconsistent evidence. We examine police reports, witness statements, and videos for errors or contradictions.
- Presenting self-defense. Florida’s self-defense law protects those who reasonably act to defend themselves or others.
- Exposing false or exaggerated claims. Disputes over custody, finances, or relationships can motivate untrue allegations.
- Questioning police procedures. If law enforcement violated your Fourth Amendment rights during a search or arrest, you can have that evidence suppressed.
- Pursuing alternative outcomes. In certain non-violent cases, we can negotiate diversion or deferred prosecution programs that may prevent a permanent record.
A good defense includes facts and understanding human emotion. Our team knows how fear, anger, and regret can cloud perception, so we take the time to understand your side and translate that truth into a powerful legal defense.
Why Our Experience in the Courtroom Matters
When facing domestic violence charges, courtroom skill makes the difference between conviction and a second chance. At Moses & Rooth, our Maitland domestic violence lawyers bring nearly 30 years of combined trial and prosecutorial experience to every case.
We’ve earned a strong reputation across Orange County for being well-prepared, respected by judges and prosecutors, and relentlessly defending our clients. We believe in building trust through honesty, accessibility, and results. Our mission is to help you protect your freedom, family, and future.
Contact Our Domestic Violence Defense Lawyers Today
Domestic violence charges can make you feel like you’ve lost control, but you still have options. With the guidance of our dedicated team, you can challenge the evidence, tell your story, and work toward restoring your reputation.
Don’t let one moment define the rest of your life. The sooner you reach out to Moses & Rooth, the sooner you can build your defense and peace of mind.
Frequently Asked Questions
Can Domestic Violence Charges Be Dropped in Maitland?
Not by the complainant. Once police file a report, only the State Attorney’s Office can decide whether to drop or pursue the case. However, your domestic violence attorney can present evidence that weakens the case and encourages dismissal.
Will I Lose Custody of My Children If I’m Convicted?
A domestic violence conviction can impact child custody decisions because courts prioritize the safety of the child. Our domestic violence defense lawyers can help protect your parental rights during and after the criminal process.
What If My Partner Wants to Retract Their Statement?
Even if your partner changes their mind, prosecutors may still proceed. However, a retraction can significantly strengthen your defense and help your lawyer argue for reduced or dropped charges.
Can I Contact My Partner After the Arrest?
Typically, courts issue a “no-contact” order immediately after an arrest, prohibiting communication between the parties. Violating this order can result in new criminal charges. Your lawyer can request modifications if appropriate.
How Long Does a Domestic Violence Case Take in Orange County?
Case timelines depend on complexity and whether the case proceeds to trial. While some cases can be resolved through negotiation in a few weeks, others can take several months.