
The sound of sirens outside your Kissimmee home or apartment can turn an argument into a life-altering crisis. One phone call from a neighbor, family member, or bystander may lead to police on your doorstep and handcuffs on your wrists. All of a sudden, you’re dealing with a domestic violence (DV) accusation that could ruin your life.
Florida law takes domestic violence charges seriously, and prosecutors in Osceola County often move forward even when facts are in dispute. But an arrest does not mean a conviction. With the help of a Kissimmee domestic violence lawyer, you can fight back against weak evidence, protect your rights, and pursue a fair outcome.
What Counts As Domestic Violence in Florida?
Florida Law defines domestic violence broadly to include assault, battery, stalking, false imprisonment, and other crimes that cause injury or death to a family or household member. Household members can include spouses, former partners, people who live together, and co-parents.
DV charges can be filed as misdemeanors or felonies, depending on the allegations, resulting in serious and long-term consequences.
Everyday Situations That Can Lead to Domestic Violence Arrests
Domestic violence cases often arise from ordinary disputes that escalate unexpectedly, such as:
- Arguments at home. Police responding to a neighbor’s call may make an arrest even when the situation has calmed down.
- Custody exchanges. Tension during child pick-ups or drop-offs can quickly become accusations of threats or physical contact.
- Disputes in public. A heated conversation outside a bar or shopping center can draw attention and result in charges.
- Alleged protective order violations. Something as small as a phone call or text can be treated as a violation of an injunction.
The State Attorney’s Office for the Ninth Judicial Circuit, which includes Osceola County, prosecutes these cases. Prosecutors here often move quickly, even in cases where alleged injuries are minimal or evidence is thin. That makes legal defense essential from the very beginning.
Penalties for Domestic Violence Charges in Florida
The consequences of a DV conviction vary based on the severity of the allegation, prior criminal history, and whether injuries occurred. Some of the most common penalties include:
- Mandatory jail time. Even for a first conviction involving intentional bodily harm, judges must impose a minimum of 10 days in county jail. Repeat offenses can increase mandatory time to 15 or 20 days.
- Probation and counseling. Courts frequently order a year of probation and mandatory completion of a certified batterers’ intervention program.
- Loss of firearm rights. Federal and state law prohibit individuals convicted of domestic violence misdemeanors from owning or possessing firearms.
- Fines and restitution. Monetary penalties can include fines of up to $1,000 for misdemeanors, significantly higher amounts for felony charges, and restitution to alleged victims.
- Felony sentencing. Serious cases, such as those involving strangulation, aggravated battery, or use of a weapon, can lead to multi-year prison sentences.
The long-term impact often extends beyond the courtroom. A conviction can interfere with professional licensing, disqualify you from certain jobs, and limit your housing or educational opportunities. If you are not a U.S. citizen, it may even trigger immigration consequences.
Protective Orders Are More Than Just a Piece of Paper
Once a court issues a protective order (injunction) in Kissimmee, it becomes legally binding upon being served. These orders can restrict where you live, who you can contact, and whether you can see your children. Judges have broad authority to impose terms designed to keep a distance between you and the petitioner.
Consequences of Violating a Protective Order
Breaking the terms of an injunction is not a slight misstep. It’s a separate crime. Examples of violations include showing up at someone’s workplace, sending a text message, or even indirect contact through social media.
Violations are prosecuted aggressively and have life-altering penalties, such as:
- Criminal charges. Violating a protective order is typically a first-degree misdemeanor, punishable by up to one year in jail and fines of up to $1,000.
- Multiple violations. Repeat violations can escalate to felony charges, carrying longer prison terms and higher fines.
- Impact on your defense. Judges and prosecutors may view violations as evidence of defiance, which can make resolving your underlying domestic violence case more difficult.
- Collateral consequences. A conviction can lead to stricter probation terms and additional hurdles in family court proceedings.
A protective order violation doesn’t simply result in a new charge; it can complicate every aspect of your life, affecting your freedom and ability to support your family. Knowledgeable domestic violence attorneys can challenge the allegations quickly, mitigating the penalties.
Defenses Our Domestic Violence Lawyers Can Use to Protect You
A strong defense relies on the specifics of your case. Some of our most effective domestic violence defense strategies include:
- Self-defense. If you were acting in self-defense or defending someone else, we make sure the court hears your side.
- False or exaggerated accusations. Highlighting motives such as custody disputes or relationship conflicts.
- Lack of evidence. If the evidence is shaky, we expose weaknesses in the State’s case.
- Inconsistent testimony. Pointing out contradictions in the alleged victim’s or witnesses’ statements.
- Procedural violations. If procedures were broken, we file motions to keep illegally gathered evidence out.
In some cases, alternative outcomes, such as diversion programs, may be available. These programs can allow you to avoid a permanent record while completing counseling or community service.
What Sets Moses & Rooth Apart?
When your future is on the line, the attorney you choose matters. Moses & Rooth offers qualities that set us apart:
- Proven experience. With nearly 30 years of combined practice, including time as former prosecutors, we know how to build cases and how to dismantle them.
- Local credibility. We appear regularly in the Osceola County Courthouse in downtown Kissimmee and are known by local judges and prosecutors for being thorough and prepared.
- Direct client support. You will work directly with our domestic violence attorneys and not shuffled around to case managers. We answer your questions, explain your options, and keep you updated.
- Focused defense. We tailor every strategy to your circumstances, your goals, and the details of your case.
Our goal isn’t just to represent you in court. It’s to protect your freedom, reputation, and relationships so you can move forward with dignity.
Don’t Let a Misunderstanding Become a Nightmare
Domestic violence charges can unfold quickly in Kissimmee. Waiting to respond limits your options and increases the risk of long-term consequences. At Moses & Rooth, working with our Kissimmee domestic violence lawyer gives you the best chance to fight for your rights, challenge the evidence, and secure the best possible outcome. Take back your freedom and reputation today.