What to Know If You’re Facing Domestic Violence Charges in Florida
Being accused of domestic violence is one of the most serious legal challenges a person can face. In Florida, domestic violence charges carry immediate consequences — even before a trial — and the impact on your reputation, family life, and future can be devastating.
At The Bonderud Law Firm, we defend clients against domestic violence allegations and work to protect their rights and freedom. Here’s what you need to know if you’ve been arrested or accused.
What Is Considered Domestic Violence in Florida?
Under Florida Statute § 741.28, domestic violence includes any of the following offenses committed against a family or household member:
- Assault or aggravated assault
- Battery or aggravated battery
- Sexual assault or battery
- Stalking or aggravated stalking
- Kidnapping or false imprisonment
- Any criminal offense resulting in physical injury or death
Family or household members include:
- Spouses or former spouses
- People related by blood or marriage
- Individuals who currently or previously lived together
- Parents who share a child (regardless of marriage or cohabitation)
What Happens After an Arrest for Domestic Violence?
Domestic violence arrests in Florida carry immediate consequences, even before guilt is proven:
- Mandatory jail hold: You cannot bond out until after a first appearance before a judge
- No contact orders: The judge may order you to have no contact with the alleged victim — even if you live together or share children
- Firearm restrictions: You may be prohibited from possessing or purchasing firearms while the case is pending
Is Domestic Violence a Felony?
Not always. Many domestic violence charges — such as simple battery — are first-degree misdemeanors. However, charges may be enhanced to felonies if:
- The alleged victim was pregnant
- A weapon was used
- The defendant has a prior conviction for domestic violence
- The incident resulted in serious bodily injury
Defending Against Domestic Violence Allegations
A strong defense may include:
- Challenging the credibility of the alleged victim
- Presenting evidence of self-defense
- Exposing false or exaggerated claims (especially during divorce or custody disputes)
- Demonstrating lack of injury or corroboration
- Filing motions to suppress unlawfully obtained statements or evidence
In some cases, charges may be dismissed if the State lacks sufficient independent evidence — even if the alleged victim is uncooperative.
Can the Alleged Victim Drop the Charges?
No. Only the prosecutor has the authority to drop charges — even if the alleged victim asks them to. However, the victim’s cooperation (or lack thereof) may affect how the case proceeds.
You Need Immediate Legal Protection
Domestic violence charges can lead to jail, loss of custody, immigration consequences, and a permanent criminal record. If you’re facing accusations, don’t wait.
At The Bonderud Law Firm, we provide experienced, aggressive defense to protect your future. Contact us today to schedule a consultation.
