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Florida Domestic Violence Crimes
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LAW FIRM, P.L.
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Orlando Florida Criminal Lawyer - Domestic Violence:
Domestic Violence charges can result from a variety of types of incidents,  
however, usually there are few witnesses to what actually occurred between
the parties making it difficult for the police to determine what actually occurred..   
If you have been arrested for domestic violence, you should speak with an
experienced criminal defense attorney at your earliest opportunity to learn
about your rights and the defenses that may be available to you..

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.  

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following section of this page provides some information regarding domestic violence offenses:

Domestic Violence - In recent years, Domestic violence has gained national attention.  The State of  Florida in its
effort to address the issue of domestic violence has developed laws that pertain not only to the penalties for a
domestic violence offense, but also to the handling of these cases by the Judiciary and the Prosecutors.  

Because of these laws, and in certain situations the potential  political or liability issues involved, minor instances can
many times lead to an arrest.  In some cases, individuals are arrested based simply on the statement of the alleged
victim with no supporting physical or testimonial evidence.  

Bond - When an individual is arrested for Domestic Violence, they will be held in jail "no bond" until they are seen by
a judge who can impose special conditions of release.  In almost all of these cases, the judge will impose the
condition that the Defendant either have "No Contact" or "No Violent Contact" with the victim.  The Judge will also
usually restrict the Defendant from returning to the residence of the victim except for one time accompanied by law
enforcement to retrieve any belongings.  Violations of any of these restrictions can lead to further charges and the
revocation of the Defendant's bond.   In many cases we are able get the bond restrictions changed or modified  

The Victim Wants to Drop the Charges - A common misconception pertaining to domestic violence is that
the victim has the choice to drop the charges.  This is not the case.  The State Attorney decides whether or not the
charges will be dropped, and many times they will prosecute cases against the victims wishes. This is done by the
State presumably to prevent future acts of violence against the victim or others.  In certain cases, the State may even
pursue incarceration of the victim if they fail to obey a subpoena to appear in court to testify against the defendant.   

In cases where the victim wishes to drop the charges, we draft a declination of prosecution statement which is signed
by the victim and notarized.  We provide this to the State attorneys office and we work to persuade the State Attorney
not to go pursue the case and dismiss the charges.  

Domestic Violence Charges - One of the more prevalent charges in Domestic Violence is that of Battery.  The
crime of Battery consists of a person actually or intentionally touching or striking another person against the will of the
other; or intentionally causing bodily harm to another person.  In some cases, the alleged crime may be that of a
simple push which left no mark or physical injury on the victim.  A domestic violence battery is punishable by up to 1
year in the county jail.  

Some other charges that commonly involve domestic offenses are:

Assault which is punishable by up to 60 days in the county jail
Aggravated Assault which is punishable by up to 5 years in State Prison
Battery which is punishable by up to 1 year in the county jail
Felony Battery which is punishable by up to 5 years in State Prison
Aggravated Battery which is punishable by up to 15 years in State Prison
Tampering with a Witness which is punishable by up to 5 years in State Prison
Violating a Domestic Violence Injunction which is punishable by up to 1 year in the county jail
Stalking which is punishable by up to 1 year in the county jail
Aggravated Stalking which is punishable by up to 5 years in State Prison.   

For more information on any of these individual criminal offences please click on the links provided above for each
offense.

There are also several additional consequences of domestic violence convictions that are not always associated with
other misdemeanor or felony offenses, such as their right to possess or own a firearm, or to expunge a criminal
record.   

The following Florida Statutes provide some more information on Domestic Violence:

Florida Statute 741.28 - Domestic violence; definitions.
As used in ss. 741.28-741.31:
(1) “Department” means the Florida Department of Law Enforcement.

(2) “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual
battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical
injury or death of one family or household member by another family or household member.

(3) “Family or household member” means spouses, former spouses, persons related by blood or marriage,
persons who are presently residing together as if a family or who have resided together in the past as if a family, and
persons who are parents of a child in common regardless of whether they have been married. With the exception of
persons who have a child in common, the family or household members must be currently residing or have in the
past resided together in the same single dwelling unit.

(4) “Law enforcement officer” means any person who is elected, appointed, or employed by any municipality or the
state or any political subdivision thereof who meets the minimum qualifications established in s. 943.13 and is
certified as a law enforcement officer under s. 943.1395.

Florida Statute 741.283 - Minimum term of imprisonment for domestic violence.
If a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and the person has
intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 5 days in
the county jail as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of
incarceration in a state correctional facility. This section does not preclude the court from sentencing the person to
probation, community control, or an additional period of incarceration.

Florida Statute 741.281 - Court to order batterers’ intervention program attendance.
If a person is found guilty of, has had adjudication withheld on, or has pled nolo contendere to a crime of domestic
violence, as defined in s. 741.28, that person shall be ordered by the court to a minimum term of 1 year’s probation
and the court shall order that the defendant attend a batterers’ intervention program as a condition of probation. The
court must impose the condition of the batterers’ intervention program for a defendant under this section, but the court,
in its discretion, may determine not to impose the condition if it states on the record why a batterers’ intervention
program might be inappropriate. The court must impose the condition of the batterers’ intervention program for a
defendant placed on probation unless the court determines that the person does not qualify for the batterers’
intervention program pursuant to s. 741.325. Effective July 1, 2002, the batterers’ intervention program must be a
certified program under s. 741.32. The imposition of probation under this section shall not preclude the court from
imposing any sentence of imprisonment authorized by s. 775.082.

Florida Statue 741.29 - Domestic violence; investigation of incidents; notice to victims of legal rights and
remedies; reporting.
(1) Any law enforcement officer who investigates an alleged incident of domestic violence shall assist the victim to
obtain medical treatment if such is required as a result of the alleged incident to which the officer responds. Any law
enforcement officer who investigates an alleged incident of domestic violence shall advise the victim of such violence
that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall
give the victim immediate notice of the legal rights and remedies available on a standard form developed and
distributed by the department. As necessary, the department shall revise the Legal Rights and Remedies Notice to
Victims to include a general summary of s. 741.30 using simple English as well as Spanish, and shall distribute the
notice as a model form to be used by all law enforcement agencies throughout the state. The notice shall include:

(a) The resource listing, including telephone number, for the area domestic violence center designated by the
Department of Children and Family Services; and

(b) A copy of the following statement: “IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may ask the state
attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for
protection from domestic violence which may include, but need not be limited to, provisions which restrain the abuser
from further acts of abuse; direct the abuser to leave your household; prevent the abuser from entering your residence,
school, business, or place of employment; award you custody of your minor child or children; and direct the abuser to
pay support to you and the minor children if the abuser has a legal obligation to do so.”

(2) When a law enforcement officer investigates an allegation that an incident of domestic violence has occurred, the
officer shall handle the incident pursuant to the arrest policy provided in s. 901.15(7), and as developed in accordance
with subsections (3), (4), and (5). Whether or not an arrest is made, the officer shall make a written police report that is
complete and clearly indicates the alleged offense was an incident of domestic violence. Such report shall be given to
the officer’s supervisor and filed with the law enforcement agency in a manner that will permit data on domestic
violence cases to be compiled. Such report must include:

(a) A description of physical injuries observed, if any.

(b) If a law enforcement officer decides not to make an arrest or decides to arrest two or more parties, the officer
shall include in the report the grounds for not arresting anyone or for arresting two or more parties.

(c) A statement which indicates that a copy of the legal rights and remedies notice was given to the victim.
Whenever possible, the law enforcement officer shall obtain a written statement from the victim and witnesses
concerning the alleged domestic violence. The officer shall submit the report to the supervisor or other person to
whom the employer’s rules or policies require reports of similar allegations of criminal activity to be made. The law
enforcement agency shall, without charge, send a copy of the initial police report, as well as any subsequent,
supplemental, or related report, which excludes victim/witness statements or other materials that are part of an active
criminal investigation and are exempt from disclosure under chapter 119, to the nearest locally certified domestic
violence center within 24 hours after the agency’s receipt of the report. The report furnished to the domestic violence
center must include a narrative description of the domestic violence incident.

(3) Whenever a law enforcement officer determines upon probable cause that an act of domestic violence has been
committed within the jurisdiction the officer may arrest the person or persons suspected of its commission and
charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require
consent of the victim or consideration of the relationship of the parties.

(4)(a) When complaints are received from two or more parties, the officers shall evaluate each complaint separately
to determine whether there is probable cause for arrest.

(b) If a law enforcement officer has probable cause to believe that two or more persons have committed a
misdemeanor or felony, or if two or more persons make complaints to the officer, the officer shall try to determine who
was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor and not the
preferred response with respect to a person who acts in a reasonable manner to protect or defend oneself or another
family or household member from domestic violence.

(5) No law enforcement officer shall be held liable, in any civil action, for an arrest based on probable cause,
enforcement in good faith of a court order, or service of process in good faith under this chapter arising from an
alleged incident of domestic violence brought by any party to the incident.

(6) A person who willfully violates a condition of pretrial release provided in s. 903.047, when the original arrest was
for an act of domestic violence as defined in s. 741.28, commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083, and shall be held in custody until his or her first appearance.

Florida Statute 741.2901 - Domestic violence cases; prosecutors; legislative intent; investigation; duty of
circuits; first appearance.
1) Each state attorney shall develop special units or assign prosecutors to specialize in the prosecution of domestic
violence cases, but such specialization need not be an exclusive area of duty assignment. These prosecutors,
specializing in domestic violence cases, and their support staff shall receive training in domestic violence issues.

(2) It is the intent of the Legislature that domestic violence be treated as a criminal act rather than a private matter.
For that reason, criminal prosecution shall be the favored method of enforcing compliance with injunctions for
protection against domestic violence as both length and severity of sentence for those found to have committed the
crime of domestic violence can be greater, thus providing greater protection to victims and better accountability of
perpetrators. This provision shall not preclude such enforcement by the court through the use of indirect criminal
contempt. The state attorney in each circuit shall adopt a pro-prosecution policy for acts of domestic violence, as
defined in s. 741.28, and an intake policy and procedures coordinated with the clerk of court for violations of
injunctions for protection against domestic violence. The filing, nonfiling, or diversion of criminal charges, and the
prosecution of violations of injunctions for protection against domestic violence by the state attorney, shall be
determined by these specialized prosecutors over the objection of the victim, if necessary.

(3) Prior to a defendant’s first appearance in any charge of domestic violence as defined in s. 741.28, the State
Attorney’s Office shall perform a thorough investigation of the defendant’s history, including, but not limited to: prior
arrests for domestic violence, prior arrests for nondomestic charges, prior injunctions for protection against domestic
and repeat violence filed listing the defendant as respondent and noting history of other victims, and prior walk-in
domestic complaints filed against the defendant. This information shall be presented at first appearance, when
setting bond, and when passing sentence, for consideration by the court. When a defendant is arrested for an act of
domestic violence, the defendant shall be held in custody until brought before the court for admittance to bail in
accordance with chapter 903. In determining bail, the court shall consider the safety of the victim, the victim’s children,
and any other person who may be in danger if the defendant is released.

Florida Statute 741.2902 - Domestic violence; legislative intent with respect to judiciary’s role.
1) It is the intent of the Legislature, with respect to domestic violence cases, that at the first appearance the court
shall consider the safety of the victim, the victim’s children, and any other person who may be in danger if the
defendant is released, and exercise caution in releasing defendants.

(2) It is the intent of the Legislature, with respect to injunctions for protection against domestic violence, issued
pursuant to s. 741.30, that the court shall:
(a) Recognize that the petitioner’s safety may require immediate removal of the respondent from their joint residence
and that there can be inherent danger in permitting the respondent partial or periodic access to the residence.
(b) Ensure that the parties have a clear understanding of the terms of the injunction, the penalties for failure to
comply, and that the parties cannot amend the injunction verbally, in writing, or by invitation to the residence.
(c) Ensure that the parties have knowledge of legal rights and remedies including, but not limited to, visitation, child
support, retrieving property, counseling, and enforcement or modification of the injunction.
(d) Consider temporary child support when the pleadings raise the issue and in the absence of other support orders.
(e) Consider supervised visitation, withholding visitation, or other arrangements for visitation that will best protect the
child and petitioner from harm.
(f) Enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection against
domestic violence.
(g) Consider requiring the perpetrator to complete a batterers’ intervention program. It is preferred that such program
be certified under s. 741.32.

_________________________________________________

For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation.  The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of Altamonte
Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora, Ocoee, Orlando,
Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well as Lake County,
Orange County, Osceola County, and Seminole County, Florida.
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