Daytona Beach Domestic Violence Attorney

When you’ve been arrested on a domestic violence charge in Florida, you need to seek legal representation immediately. Florida typically prosecutes these cases to the full extent of the law, and you need to ensure your rights and civil liberties are being protected, regardless of your guilt or innocence.  If you’re in Daytona Beach, Florida, or the surrounding cities of DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County, contact us at Daytona Defense today. Our Daytona Beach, FL domestic violence attorney is committed to providing all our clients with the skilled legal representation they deserve.

Your Domestic Violence Lawyer in Daytona Beach, FL

Domestic violence charges cover a range of offenses such as domestic battery, assault, and sexual assault. To be considered domestic violence, the offense must result in the injury or death of a family member or member of a household whom the defendant is living with.

This could be any family member such as a parent, child, spouse, or sibling, but can also include co-habitants such as a current or former romantic partner as long as they resided or currently reside in the same dwelling unit. The only exception to this rule is for parents who share a child together. In this case, a charge can still be classified as domestic violence even if the two have never lived together. Our Daytona Beach domestic violence lawyer is here to advocate for you if you've been accused.

Possible Consequences and Penalties

The possible consequences of a domestic violence conviction will vary widely depending on your specific circumstances, but do note that Florida takes these charges very seriously. It’s essential that you have a qualified criminal defense attorney working on your side to minimize your penalties as much as possible. Your penalties will likely be more severe if you have prior convictions (especially any involving domestic violence), if there were children present at the time of the incident, or if the incident occurred while you were already under an injunction by a judge.

Initially, if someone files a domestic violence charge against you, they can petition the court and request an injunction (also called a restraining order) if they feel they’re in immediate danger. In these cases, you may or may not be able to attend the hearing and a judge can order an injunction against you. This usually means that you are not allowed to go near your accuser, that you may not reside in your home with them, or that you may not be able to have contact with any of your children you share with the accuser until your trial is complete. A judge may also issue an order for you to attend immediate counseling or treatment programs.

Other penalties include a mandatory one-year probation period for anyone convicted of domestic violence and possibly being ordered to attend anger management classes or other intervention programs. A conviction may also bring with it jail time, fines, community service hours, loss of civil liberties such as your right to carry a firearm, loss of child custody or parenting privileges, or deportation. For more information, check out our FAQ guide for domestic violence charges.

What to Expect During the Criminal Justice Process

Facing a domestic violence charge can feel overwhelming, especially if you’ve never been involved with the criminal justice system before. Understanding how the process typically unfolds in Florida can help you feel more prepared and make informed decisions about your defense. While every case is different, most domestic violence cases follow a similar path.

1. Arrest and Booking

The process usually begins with an arrest. In domestic violence cases, Florida law allows law enforcement to make an arrest if they believe there is probable cause, even if the alleged victim does not want to press charges. After the arrest, you will be taken to jail for booking, which includes fingerprinting, photographing, and entering your information into the system. Domestic violence arrests often result in mandatory holding periods, meaning you may not be released immediately.

2. First Appearance and Bond Conditions

Within 24 hours of your arrest, you will have a first appearance before a judge. During this hearing, the judge reviews the charges, considers bond, and sets initial conditions of release. In domestic violence cases, these conditions often include a “no contact” order, which can prohibit you from contacting the alleged victim directly or indirectly. The judge may also order you to stay away from your shared residence or restrict contact with children until the case progresses.

3. Filing of Formal Charges

After the arrest, the State Attorney’s Office reviews the police report and evidence to decide whether to formally file charges. This decision is made by the prosecutor, not the alleged victim. Even if the accuser later changes their story or wants to drop the case, the prosecution can still move forward. If charges are filed, your case officially enters the court system.

4. Arraignment

At the arraignment, you will be formally advised of the charges against you and asked to enter a plea, typically guilty, not guilty, or no contest. In most cases, your attorney will advise you to plead not guilty at this stage so they can begin investigating the case, reviewing evidence, and building a defense strategy. Bond conditions are usually reaffirmed at this hearing.

5. Discovery and Pretrial Proceedings

This phase is critical to your defense. The prosecution must share evidence such as police reports, witness statements, 911 calls, body cam footage, and medical records. Your attorney will carefully analyze this information, identify weaknesses in the state’s case, and may file motions to suppress evidence or dismiss charges. Negotiations with the prosecutor may also take place, potentially leading to reduced charges or alternative resolutions.

6. Trial or Resolution

If the case cannot be resolved through negotiation, it may proceed to trial. At trial, the prosecution must prove the charges beyond a reasonable doubt. Your attorney will challenge the evidence, cross-examine witnesses, and present defenses such as self-defense, false accusations, or lack of intent. Many cases, however, resolve before trial through dismissal, plea agreements, or reduced charges.

7. Sentencing or Case Closure

If you are found guilty or enter a plea, the case moves to sentencing, where penalties are imposed. If charges are dismissed or you are found not guilty, the case concludes. Regardless of the outcome, having experienced legal representation throughout each step is essential to protecting your rights and your future.

Possible Defenses for DV Charges

Unfortunately, many defendants are incorrectly accused of domestic violence, or the charges are blown out of proportion. Still, in other cases, the defendant might be guilty of committing the crime, but that does not mean they don’t deserve skilled legal counsel. When deciding how to defend against a domestic violence charge, we’ll examine all the evidence, listen thoroughly to your side of the story, and work to find inconsistencies in the prosecution’s arguments. 

• One possible defense is that you were falsely accused. Unfortunately, sometimes a family member or partner will knowingly accuse someone of a crime as a form of revenge even though no violence took place. 

• In other cases, you may be able to plead self-defense. Many of these incidents occur as the result of heated arguments and oftentimes, both partners will become physically aggressive. If we can prove that your actions were only used to defend yourself from an attack, then you may be able to have your charges reduced or even dismissed. 

• Lastly, we may be able to show that you had no intent to cause physical harm and that the resulting injury was accidental. While this may not eliminate charges altogether, it may help to reduce the penalties associated with them.