Legally Reviewed by Simon Wiseman on May 26, 2025
Domestic violence charges in Florida are among the most aggressively prosecuted criminal offenses in the State. A conviction carries mandatory consequences that cannot be waived or negotiated away — including mandatory probation, mandatory completion of a 29-week batterers’ intervention program, and a minimum of 10 days in jail if the alleged victim suffered bodily injury. Beyond the criminal penalties, a domestic violence conviction permanently affects your firearm rights, can reshape child custody arrangements, and follows you on your record permanently — it cannot be expunged or sealed under Florida law. If you are facing these charges, you need an attorney immediately.
At The Wiseman Law Firm, Attorney Simon Wiseman has defended clients against violent crime charges in Orlando for more than 25 years. He served as a state prosecutor in Orange County before switching to criminal defense, which means he spent years building the very types of cases he now fights against. That perspective — understanding how prosecutors think, what evidence they rely on, and where their cases are weakest — is the foundation of every defense he builds.
⚠ Critical — The Alleged Victim Cannot Drop These Charges
In Florida, only the State Attorney’s Office can file or drop domestic violence charges. Even if the alleged victim does not want to cooperate or testify, the State can and often does proceed — with or without them.
Attorney Wiseman is available 24 hours a day and offers free, confidential consultations. The earlier you involve an attorney, the more options remain available to you.
How Florida Defines Domestic Violence
Under Florida Statute § 741.28, domestic violence is defined as any of the following offenses committed by one family or household member against another:
- Assault: An intentional threat or act that creates a well-founded fear of imminent violence
- Aggravated assault: Assault with a deadly weapon or with intent to commit a felony
- Battery: Intentionally touching or striking another person against their will, or intentionally causing bodily harm
- Aggravated battery: Battery resulting in great bodily harm, permanent disability, or permanent disfigurement, or committed with a deadly weapon — learn more about assault and battery charges in Florida
- Battery by strangulation: Intentionally obstructing the breathing or blood circulation of a family or household member — a third-degree felony under Florida law
- Sexual assault or sexual battery: Non-consensual sexual contact or penetration
- Stalking and aggravated stalking: Willful, malicious, and repeated following or harassment
- Kidnapping or false imprisonment: Unlawfully confining or restraining a household member against their will
The offense becomes domestic violence based on the relationship between the parties — not the nature of the act alone. Florida law applies the domestic violence designation when the alleged victim is a spouse, former spouse, blood or marriage relative, person you currently or formerly shared a home with as a family, or a person with whom you share a child.
Penalties for a Domestic Violence Conviction in Florida
Domestic violence charges carry two layers of consequences: the standard criminal penalties for the underlying offense, and a separate set of mandatory penalties that apply specifically because the charge is classified as domestic violence. These mandatory penalties cannot be waived by a judge, even for first-time offenders with no prior record.
For any domestic violence conviction where the defendant is sentenced to probation, Florida law requires all of the following without exception:
- Mandatory probation: A minimum of one year with no early termination permitted
- Batterers’ intervention program: A 29-week program that must be completed as a condition of probation
- Minimum jail time: At least 10 days of incarceration if the alleged victim suffered any bodily injury — even minor injury
- Fines and court costs: Mandatory court fees exceed $1,500 for any domestic violence conviction
- Firearm surrender: A domestic violence conviction triggers a lifetime federal prohibition on possessing firearms or ammunition under 18 U.S.C. § 922(g)(9) — even for misdemeanor convictions
Beyond the immediate criminal penalties, a domestic violence conviction cannot be expunged or sealed under Florida law. It is permanent. Courts in family law proceedings routinely consider domestic violence records when making child custody and visitation determinations. If you are not a U.S. citizen, a domestic violence conviction may have serious immigration consequences as well.
Domestic Violence Injunctions in Florida
Separate from the criminal charge, a household or family member may petition the court for a domestic violence injunction — commonly called a restraining order — at any time, including before criminal charges are filed. The court can issue a temporary injunction on an emergency basis without your presence, often within hours of the petition being filed.
Once in place, a domestic violence injunction can require you to vacate your own home immediately, stay away from your children’s school or your workplace, surrender your firearms, and have no contact with the petitioner. Violating any condition of the injunction — including indirect contact through a third party — is a first-degree misdemeanor punishable by up to one year in jail. Learn more about restraining orders and injunctions in Florida.
Attorney Wiseman can appear at injunction hearings on your behalf, present evidence and cross-examine witnesses, and fight to modify or dissolve an injunction that is based on false or exaggerated allegations.
Common Defenses in Orlando Domestic Violence Cases
Domestic violence charges are highly fact-specific, and many of the strongest defenses come down to what the evidence actually shows — and what it does not. The following are defenses that may apply depending on the circumstances of your case:
- Self-defense: Florida law permits the use of force when a person reasonably believes it is necessary to prevent imminent harm. If you were defending yourself or your children, that is a legitimate defense — even within a domestic context
- False accusations: Domestic violence allegations are sometimes made in the context of divorce proceedings, child custody disputes, or other high-conflict situations. Inconsistencies in the alleged victim’s account, lack of physical evidence, and motive to fabricate can all be used to challenge the credibility of the accusation
- Lack of proof: The State bears the burden of proving every element beyond a reasonable doubt. If the evidence is thin — no visible injuries, no witnesses, conflicting accounts — that burden may not be met
- Alibi: Evidence placing you somewhere other than the scene at the time of the alleged incident directly undermines the prosecution’s case
- Mutual combat or victim aggression: If the alleged victim was the primary aggressor, that context is legally relevant and can affect both the charge and the outcome
One important fact to understand: even if the alleged victim recants or refuses to cooperate, the State can still move forward using police reports, photographs, medical records, 911 recordings, and other evidence gathered at the scene. Having experienced legal counsel who understands how prosecutors build these cases is critical to mounting an effective defense.
What Happens After a Domestic Violence Arrest in Orlando
Florida law requires that anyone arrested for domestic violence be held in custody until their first appearance before a judge — typically within 24 hours. Unlike most other misdemeanor arrests, you cannot simply post bond immediately. The judge at the first appearance sets bond conditions that almost always include a no-contact order with the alleged victim and, in many cases, a requirement that you vacate any shared residence.
These conditions remain in place for the duration of the case unless modified by the court. If you need to return to your home for your belongings, see your children, or contact the alleged victim for any reason, you must go through the court to modify those conditions — not try to handle it informally. Violating release conditions, even with the alleged victim’s encouragement, is a separate criminal offense. Attorney Wiseman can file a motion to modify your release conditions and represent you at that hearing.
Contact The Wiseman Law Firm for Domestic Violence Defense in Orlando
Attorney Simon Wiseman is a former Orange County state prosecutor with more than 25 years of experience in Central Florida’s criminal courts. He has handled domestic violence cases at every level — from first appearances and injunction hearings through jury trial — and he understands the specific procedures, prosecutors, and judges that handle these cases in Orange County. His clients have recognized him with 5-star Google ratings, and the legal community has endorsed him for his professionalism, trial skills, and results. He is available 24 hours a day, including for calls immediately following an arrest.
If you or someone you care about has been arrested or accused of domestic violence in Orlando, do not wait. The sooner an attorney is involved, the more options you have — from challenging the evidence to seeking modifications of your release conditions to pursuing dismissal before trial. Contact The Wiseman Law Firm through our online contact form to schedule your free and confidential consultation today.
Frequently Asked Questions About Domestic Violence Charges in Orlando
Can the alleged victim drop domestic violence charges in Florida?
No. In Florida, only the State Attorney’s Office can file or drop criminal charges — not the alleged victim. Even if the alleged victim recants, refuses to cooperate, or actively requests that charges be dropped, the State can and often does proceed with prosecution using other evidence such as 911 recordings, police reports, photographs of injuries, and medical records. Do not assume that a cooperative alleged victim means the case will go away on its own.
Will I go to jail for a domestic violence charge in Florida?
Arrest is mandatory at the scene of an alleged domestic violence incident in Florida — even if police are not sure who was the aggressor. After arrest, you will be held until your first appearance before a judge, typically within 24 hours. Whether you face jail time following a conviction depends on the severity of the charge and whether the alleged victim suffered bodily injury. Any conviction where the victim sustained injury carries a mandatory minimum of 10 days in jail, even for first offenses.
Can a domestic violence conviction be expunged in Florida?
No. Under Florida law, a domestic violence conviction cannot be expunged or sealed. It becomes a permanent part of your criminal record. This is one of the most significant long-term consequences of a domestic violence conviction and one of the strongest reasons to fight the charge aggressively rather than accept a plea without fully understanding all available defenses. Attorney Wiseman can evaluate whether your case has grounds for dismissal or reduction before you make any decisions.
How does a domestic violence charge affect child custody?
Florida family courts treat domestic violence as a serious factor in custody and visitation determinations. A conviction or even a sustained domestic violence injunction can result in supervised visitation, restrictions on time-sharing, and in serious cases, a loss of parental rights. Courts are required under Florida law to consider domestic violence when crafting parenting plans. Defending these charges — and winning — protects not just your freedom but your relationship with your children.
What is a domestic violence injunction and how do I fight one?
A domestic violence injunction — also called a restraining order — is a civil court order that restricts your contact with the petitioner and may require you to leave your home, stay away from your children’s school, and surrender your firearms. A temporary injunction can be issued without your presence, often on the same day the petition is filed. You have the right to a hearing to contest the injunction. At that hearing, Attorney Wiseman can cross-examine the petitioner, present your evidence, and argue for the injunction to be dissolved or modified.
Is domestic violence a felony or misdemeanor in Florida?
It depends on the specific underlying offense. Simple domestic battery — an intentional, unwanted touching — is a first-degree misdemeanor carrying up to one year in jail. Aggravated battery, battery by strangulation, and battery causing great bodily harm are felonies that carry significantly harsher sentences. Regardless of the charge level, all domestic violence convictions carry the same mandatory penalties: minimum one year of probation, the 29-week batterers’ intervention program, and mandatory minimum jail time if injury occurred.
