Criminal Defense Attorney
Domestic Violence Defense
Lawyer in Orlando, FL
Aggressive, Discreet Defense for Domestic Battery and Related Charges
✓ Free Consultation 24/7
✓ Injunction Hearings
✓ Former Prosecutors
✓ No-Drop Policy Experience
✓ Payment Plans Available
Domestic Violence Attorneys Orlando, FL
Fighting Florida Domestic Violence Charges
Domestic violence charges in Florida are treated more harshly than ordinary battery. Under § 741.28 they include battery, assault, aggravated assault, aggravated battery, sexual battery, sexual assault, stalking, kidnapping, false imprisonment, and any criminal offense causing physical injury or death of a family or household member. A conviction typically means no-adjudication is unavailable, a mandatory batterers’ intervention program, a firearms surrender, and a lifetime bar on sealing. Florida also enforces a de facto “no-drop” policy — prosecutors move forward even when the accuser recants. Smith & Eulo defends the accused across every stage: injunction hearings, first appearances, motions to modify no-contact orders, deposition of the alleged victim, and trial. We move fast and treat every case with discretion.
What Happens After a DV Arrest
1. Mandatory Arrest
Florida officers arrest whenever probable cause of DV exists — no discretion
2. Booking & Hold
DV arrestees are held until first appearance — no immediate bond
3. First Appearance
Within 24 hours a judge sets bond and enters a no-contact order
4. Injunction Petition
The alleged victim may file a civil injunction — hearing within 15 days
5. Discovery & Depositions
We depose the alleged victim and responding officers to lock down testimony
6. Resolution or Trial
Dismissal, diversion, negotiated plea, or jury trial
How We Defend DV Cases
DV cases are won on credibility, evidence, and preparation:
Self-Defense
Florida’s Stand Your Ground law fully applies — pretrial immunity can end the case.
Alleged-Victim Credibility
Deposition of the accuser exposes motive to fabricate, inconsistencies, and recantation.
911 & Body-Cam Analysis
Audio and video often contradict the officer’s arrest narrative.
Injuries & Forensics
Photographs and medical records can rule out the alleged mechanism of injury.
No-Contact Modification
We move to modify or lift no-contact orders so families can reunite pretrial.
Diversion & DV Court
Where eligible, DV misdemeanor diversion results in dismissal and no record.
Florida DV Penalties
DV Battery (Misdemeanor)
Up to 1 year jail | Up to $1,000 fine | Mandatory 5-day jail if convicted with bodily injury
Aggravated Battery
Second-degree felony | Up to 15 years prison | Up to $10,000 fine
Aggravated Assault
Third-degree felony | Up to 5 years prison | Weapon enhancement possible
Domestic Battery by Strangulation
Third-degree felony | Up to 5 years prison | Enhanced supervision terms
Violation of Injunction
First-degree misdemeanor | Escalates to felony on subsequent violations
Collateral
Batterers’ intervention program (26+ weeks), firearm surrender, no sealing eligibility
DV Charges & Injunctions We Handle
We defend the full range of domestic violence charges and related civil matters:
- Domestic Battery – The most common DV misdemeanor charge
- Aggravated Battery – Great bodily harm, weapon use, or victim protected class
- Domestic Battery by Strangulation – Felony under § 784.041
- Aggravated Assault – Deadly weapon assault under § 784.021
- Stalking & Aggravated Stalking – Repeated harassment, threats, and cyberstalking
- False Imprisonment & Kidnapping – Confining a partner or family member
- Injunctions for Protection – DV, dating violence, repeat violence, and stalking injunctions
- Violation of No-Contact Order – Post-arrest and post-injunction violations
- Child Abuse Allegations – Corporal punishment and abuse defense
- DV Probation Violations – VOP hearings for failed BIP or contact violations
Injunction Hearings
Temporary Injunction
Ex parte order entered at the alleged victim’s request — effective immediately, hearing within 15 days.
Final Hearing
Judge hears testimony and rules on entering a final injunction — no jury, civil standard.
Consequences of Entry
Firearm surrender, no-contact requirement, potential removal from home, immigration impact.
Modification & Dissolution
We move to modify or dissolve injunctions when circumstances change.
When the Alleged Victim Wants to Drop
Florida is a No-Drop State: Prosecutors decide whether to pursue charges — not the accuser.
Waiver of Prosecution: An accuser can complete a “waiver” form, but the State can still proceed.
Recantation: Recanted statements are admissible — the State often calls the officer to introduce excited utterances.
Direct Contact Risk: Do not contact the alleged victim while a no-contact order is in place — that is a new crime.
What Works: We meet with the SAO’s DV unit, present exculpatory evidence, and argue for declination or diversion.
Frequently Asked Questions
Invoke your right to remain silent and ask for an attorney immediately. Do not make statements to responding officers explaining your side — Florida DV arrests are mandatory once probable cause exists, and any statement will be used at trial. Call Smith & Eulo 24/7 for immediate defense.
No. Florida is a no-drop state — only the State Attorney’s Office can dismiss the charges. However, the accuser’s cooperation matters, and we work with the SAO’s DV unit to present evidence that supports declination or diversion.
Yes. First appearance judges routinely enter a no-contact order at bond — you must not go home or contact the accuser until it is modified or lifted. We move to modify it early, particularly when children or shared housing are involved.
Yes. Under federal law (18 U.S.C. § 922(g)(8) and (9)) a DV misdemeanor conviction or a qualifying injunction is a lifetime firearms disqualifier. This is one of the most serious consequences of a DV case and a reason to fight the charge aggressively.
Your Constitutional Rights
Right to Remain Silent
You never have to answer police questions at the scene or later. Politely invoke.
Right to Counsel
Once you request an attorney, all questioning must stop.
Right to Confront Witnesses
You can cross-examine the accuser and the officers at trial.
Right to Speedy Trial
Florida law generally requires trial within 90 days for misdemeanors and 175 days for felonies.
Presumption of Innocence
The State must prove every element beyond a reasonable doubt — you owe them nothing.
Counties We Serve
Orange County
Orlando, Winter Park, and surrounding areas.
Hillsborough County
Tampa and Tampa Bay area courts.
Seminole County
Sanford, Altamonte Springs, Lake Mary.
Osceola County
Kissimmee and Osceola County courts.
Miami-Dade & Broward
South Florida DV representation.
Statewide
Representation available across Florida judicial circuits.
Meet Your DV Defense Team
Criminal Defense Attorney
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Immigration Lawyer
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Family Law Attorney
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What Our Clients Say
Why Choose Smith & Eulo?
DV Trial Experience – Attorneys who try DV cases, not just plead them out
Fast Response – We appear at first appearance and injunction hearings on short notice
Former Prosecutors – We know how the SAO’s DV unit builds cases
Discretion – DV cases are sensitive — we protect your privacy and reputation
Available 24/7 – Nights, weekends, and holidays
Case Results
Charges Never Filed – Pre-file presentation persuaded SAO to decline
Injunction Denied – Contested final hearing resulted in no injunction entered
Not Guilty at Trial – Domestic battery jury acquittal
Diversion Completed – Case dismissed and firearm rights preserved
No-Contact Modified – Family reunited pretrial after motion granted
Consequences Beyond Court
Firearms: Federal lifetime firearm bar under 18 U.S.C. § 922(g)(9) upon DV misdemeanor conviction.
No Sealing: Florida law bars sealing DV convictions — even with a withhold of adjudication.
Custody & Family Court: DV allegations weigh heavily in divorce, custody, and timesharing decisions.
Immigration: DV is a deportable offense and a bar to naturalization for non-citizens.
Employment: Convictions show on background checks and disqualify certain jobs and clearances.
Related Practice Areas
DV cases often intersect with other areas of our practice:
Assault & Battery – Non-domestic violent offense defense
Stalking – Aggravated stalking and cyberstalking defense
Injunctions for Protection – DV, dating, repeat, and stalking injunctions
Weapons Charges – Related firearms cases
Probation Violations – VOP for BIP failure or contact violations
Complete Domestic Violence Defense FAQ
Under § 741.28, domestic violence includes any assault, battery, sexual battery, stalking, kidnapping, false imprisonment, or any criminal offense causing physical injury or death of a family or household member. Family or household members include spouses, ex-spouses, people related by blood or marriage, cohabitants, and parents of a common child.
Florida is a no-drop state. Only the State Attorney can dismiss charges, and prosecutors regularly proceed even without the accuser’s cooperation using 911 calls, body-cam footage, medical records, and excited-utterance testimony from officers. The accuser’s wishes matter but do not control.
No. Under § 741.283 a judge cannot withhold adjudication for a DV battery unless the defendant has never previously received a withhold for any offense and no prior DV convictions exist. Even then, the withhold does not restore firearm rights because federal law counts the underlying conduct.
A conviction requires a minimum 26-week batterers’ intervention program (BIP) under § 741.281. The program is at your expense, weekly, and failure to complete triggers a VOP. Successful case resolution often turns on avoiding conviction so BIP is not mandatory.
A DV injunction is a civil protective order under § 741.30 — the alleged victim files, and a judge decides whether to enter it after a hearing. It is separate from any criminal case. An injunction can order no-contact, remove you from your home, require firearm surrender, and last for years or indefinitely.
No. Any contact — direct, indirect, through third parties, on social media — while a no-contact order or injunction is in effect is a new criminal charge and can revoke your bond. Even if the accuser reaches out to you, respond only through counsel or not at all.
Yes. DV convictions are removable offenses under 8 U.S.C. § 1227(a)(2)(E). A DV injunction that finds threats or violence can also trigger removal. Non-citizens facing DV charges need attorneys who understand both criminal defense and immigration consequences.
Yes. Florida family courts weigh DV allegations heavily in timesharing decisions under § 61.13. An injunction or conviction can result in supervised visitation, no timesharing, or no unsupervised contact with children. Coordination between criminal and family counsel is critical.
Once federal law disqualifies you under 18 U.S.C. § 922(g)(9), restoration is extremely difficult — typically only through set-aside of the conviction. This is one of the strongest reasons to fight to avoid conviction in the first place. We build every case with the firearms consequence in mind.
Fees depend on the charge, whether an injunction is being fought, and whether the case goes to trial. Smith & Eulo offers free consultations and flexible payment plans. The lifetime consequences of a DV conviction — firearms, immigration, no sealing — dwarf the cost of experienced defense.
Contact Us Today For Your Free Consultation
If you have been arrested for domestic violence or served with an injunction, call us right away. Available 24/7, free consultation, and payment plans available.
What To Do Right Now
Don’t contact the accuser. Even a text can add a new charge and revoke your bond.
Don’t talk to police. Invoke your right to silence and ask for a lawyer.
Preserve evidence. Save texts, voicemails, photos, and names of witnesses who saw what happened.
Comply with every order. No-contact orders, firearm surrender requirements, and travel restrictions are enforced strictly.
Call us immediately. First appearance and injunction hearings happen fast — counsel matters there.
Related Resources
Florida Injunctions Guide – Types, standards, and consequences
Stand Your Ground – Self-defense immunity in DV cases
Firearms & DV – Federal and state firearm consequences
Batterers’ Intervention Program – What BIP involves and how to comply
DV and Immigration – Critical information for non-citizens
