A heated argument at home can escalate in seconds. Maybe you threw a glass that shattered against the wall, or words were misconstrued, and suddenly the police were at your door. Before you even realized what was happening, you found yourself handcuffed and facing domestic violence charges.
These charges do not just fade away. They can have long-lasting effects on your freedom, job, and even your ability to go home. Given Florida’s complex laws and the seriousness with which prosecutors approach these cases, working with our experienced Oviedo domestic violence lawyers can significantly impact your ability to move forward with your life.
What Counts As Domestic Violence Under Florida Law?
In Florida, domestic violence covers a wide range of actions, including offenses such as assault, battery, aggravated battery, sexual assault, stalking, kidnapping, and other crimes resulting in injury or death when committed by one family or household member against another.
That means domestic violence isn’t just limited to physical acts; it can include threats, pushing, or even blocking someone from leaving a room if prosecutors believe they can prove intent.
How Domestic Violence Cases Progress in Florida
In Florida, domestic violence cases follow a fast-track process to protect alleged victims, but that same speed can harm those falsely accused with:
- Mandatory arrest policies. Officers must arrest someone if there is probable cause.
- No-drop prosecution. Prosecutors can proceed even if the alleged accuser wants to drop the charges.
- Protective orders. Courts often issue temporary injunctions or no-contact orders immediately after arrest.
These requirements mean that early intervention from an attorney is essential. A lawyer can request hearings, present evidence, and advocate for your side before the court imposes permanent restrictions.
Misdemeanor vs. Felony Domestic Violence Charges
The seriousness of a domestic violence charge depends on the conduct alleged and the injuries involved:
- Misdemeanor domestic violence. This charge typically involves assault or battery without serious injury. Penalties may include up to one year in jail, probation, mandatory counseling, and fines.
- Felony domestic violence. Charges escalate to felonies if weapons are involved, strangulation occurs, or there is an allegation of serious bodily injury. Convictions can mean years in prison, loss of civil rights, and permanent barriers to employment and housing.
The distinction matters. A skilled domestic violence defense attorney can challenge the state’s evidence, question witness credibility, and argue for reduced or dismissed charges.
Why Hiring a Defense Attorney Early Matters
It is normal to feel confused and frightened after a domestic violence arrest. But early action often creates the best path forward. Some key signs you should reach out to domestic violence attorneys immediately include:
- Even if the other person doesn’t want to press charges, prosecutors can still move forward and secure a conviction that damages your future;
- A no-contact order might force you from your home or children, leaving you isolated and without access to your family;
- An arrest can trigger licensing reviews and employment consequences that jeopardize your career; and
- Past arrests or convictions can prompt prosecutors to push for harsher penalties that could escalate your sentence.
The sooner you seek representation, the more options you may have.
How Long Do Prosecutors Have to File Charges?
Florida law sets time limits—statutes of limitations—on how long prosecutors can file charges. These timeframes depend on the severity of the charge:
- Misdemeanor charges—generally have two years from the date of the alleged offense;
- Felony charges—typically three to four years, depending on severity; and
- Capital and life felonies—no statute of limitations.
Knowing these deadlines helps your attorney evaluate whether prosecutors appropriately filed the case and whether dismissal is possible.
What a Domestic Violence Defense Attorney Can Do for You
Hiring a lawyer is not just about showing up in court. It is about building a strategic defense that gives you a future beyond the case. Experienced domestic violence attorneys can:
- Investigate the details. Your lawyer can review police reports, body cam footage, and witness statements to identify inconsistencies.
- Challenge unlawful evidence. If police violated your rights during the arrest, evidence may be excluded.
- Present mitigating factors. Context matters, and your attorney can present your story in a way that prosecutors and judges understand.
- Fight for alternatives. Options like diversion programs, counseling, or conditional dismissals may allow you to avoid a conviction.
While every case is unique, a customized defense strategy can significantly impact the outcome.
Your Trusted Oviedo Domestic Violence Lawyers
At Moses & Rooth, we approach domestic violence cases with a personalized strategy tailored to each client’s needs. Our attorneys bring:
- From our former prosecutorial experience, we know how the other side builds its case and how to dismantle it;
- Over 30 years of combined criminal defense practice in central Florida;
- Board-Certified Criminal Trial Lawyer Andrew Moses, a distinction held by fewer than 1% of Florida attorneys;
- Recognition by peers, including Florida Super Lawyers and top Avvo ratings; and
- Your case will receive personalized representation, handled directly by our attorneys, not delegated to junior staff.
Clients come to us scared and uncertain, but leave with a sense of direction, a strong defense, and the assurance that their rights are being fought for. We stand ready to guide you through every stage, from the first hearing to trial, if necessary. Your future is worth protecting, and the time to act is now.
Frequently Asked Questions
Can I Be Arrested for Domestic Violence If My Partner Does Not Want to Press Charges?
Yes. In Florida, the State Attorney decides to pursue charges, not the other person involved. Even if your partner requests that charges be dropped, prosecutors may continue if they believe there is enough evidence.
Will a Domestic Violence Arrest Affect My Job or Professional License?
It may. Employers in sensitive fields like healthcare, education, or law enforcement can take immediate action after an arrest. Professional licenses are also at risk if a case leads to a conviction. A lawyer can help protect your record before it causes lasting harm.
How Long Does a Domestic Violence Case Stay on My Record in Florida?
If convicted, it is permanent. Domestic violence convictions cannot be sealed or expunged. However, you may be eligible for expungement or sealing if charges are dismissed or dropped. Your attorney can guide you through that process.
Can I Have Contact with My Family While My Case Is Pending?
Most cases begin with a mandatory “no contact” order. Your attorney can request modifications so you can return home or resume communication, but it requires a court’s approval.