How Florida Handles Domestic Violence Charges—And What Happens After You're Arrested

Domestic violence charges in Florida are serious, often life-altering accusations. Whether the incident happened in a home in Tallahassee, on vacation in Panama City Beach, or during a dispute in Lake City, the consequences can be swift, complex, and long-lasting. Understanding how Florida handles these cases and what to expect after an arrest can make a significant difference in how you approach your defense.

What Is Considered Domestic Violence in Florida?

Under Florida Statute §741.28, domestic violence is defined as any assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.

Qualifying Relationships:

• Spouses or former spouses
  
  
• Persons related by blood or marriage
  
  
• Persons currently or previously living together as a family
  
  
• Parents of a child in common (regardless of marital status or cohabitation)
  
  

Importantly, you do not have to be married or currently living together to be charged with domestic violence. A single altercation between former partners or co-parents can result in an arrest.

The Arrest Process: What Happens First?

In Florida, police officers are encouraged to make an arrest if they have probable cause to believe an act of domestic violence has occurred. Unlike other types of disputes, the victim cannot simply drop the charges once law enforcement is involved.

After the Arrest:

1. Booking and Holding – The accused is taken into custody, fingerprinted, and held in jail.
   
   
2. No Bond Hold (Often) – Many domestic violence charges involve a mandatory "no bond" hold until the first court appearance.
   
   
3. First Appearance/Advisory Hearing – Within 24 hours, the defendant appears before a judge. Conditions of release are set, which often include:
   
   
   
   • No contact orders
     
     
   • Surrender of firearms
     
     
   • Supervised release
     
     

In counties like Leon (Tallahassee) and Bay (Panama City), these hearings move quickly and often with limited information about the incident. Having legal representation in place early can influence the court’s decisions about release and conditions.

No Contact Orders and Protective Injunctions

In nearly every domestic violence case, the judge will issue a No Contact Order at the first appearance. This means the accused cannot:

• Call, text, or email the alleged victim
  
  
• Return to the shared residence (even if they own it)
  
  
• Have contact through third parties
  
  

Violating this order can result in additional charges and revocation of bond.

Additionally, the alleged victim may seek a civil injunction (restraining order). These can be temporary (ex parte) and then reviewed in a full hearing later. There are several types of injunctions in Florida:

• Domestic violence injunction
  
  
• Dating violence injunction
  
  
• Repeat violence injunction
  
  
• Stalking injunction
  
  

The outcome of these injunctions can impact custody, housing, and even employment.

In vacation destinations like Rosemary Beach and Panama City Beach, courts are familiar with short-term relationships or brief encounters escalating into formal complaints. These courts may err on the side of caution and issue no-contact orders and injunctions quickly — even without strong evidence.

Common Domestic Violence Charges in Florida

The exact charges vary based on the situation. Some of the most common include:

1. Domestic Battery (Misdemeanor)

• Unwanted touching or striking
  
  
• No serious injury required
  
  

2. Aggravated Battery (Felony)

• Use of a weapon or intent to cause great bodily harm
  
  

3. Strangulation (Felony)

• Impeding normal breathing or circulation
  
  

4. Aggravated Assault with a Deadly Weapon

• Threatening violence while possessing a weapon
  
  

These charges carry possible jail or prison time, fines, and mandatory counseling or anger management. Even a misdemeanor conviction can change your life — affecting job opportunities, your reputation, and even child custody arrangements.

Penalties and Sentencing Guidelines

Florida courts take domestic violence very seriously. Judges in Tallahassee, Destin, Pensacola, and Rosemary Beach regularly issue harsh penalties for even first-time offenders.

Mandatory Minimums and Enhancements:

• 10-day minimum jail sentence if bodily injury occurred
  
  
• Firearm possession may be restricted
  
  
• Probation with Batterer’s Intervention Program (BIP)
  
  
• Loss of concealed carry permit
  
  
• Loss of parental rights in severe cases
  
  

Other sentencing conditions may include alcohol or drug evaluations, parenting classes, and lengthy probation with frequent check-ins.

A conviction can never be expunged or sealed if you plead guilty or are found guilty. That means a permanent public criminal record — something that can appear on background checks for employment, housing, or even college admissions.

How Domestic Violence Charges Can Affect Family Law Matters

A domestic violence charge can also influence ongoing or future family law cases. If you're in the middle of a custody battle, divorce, or modification proceeding, the charge may be used as evidence to restrict your parental rights.

In many Florida family courts — particularly in Pensacola and Lake City — even an unproven allegation can trigger emergency motions or temporary orders. Judges may limit visitation, mandate supervised time-sharing, or issue temporary restraining orders that affect both custody and property access.

Family law and criminal law intersect more than many people realize. That's why it's critical to work with an attorney who understands the big picture and how to defend your rights in both arenas.

The Importance of Legal Representation

Hiring an experienced domestic violence defense attorney is critical. Kathleen Bogenschutz offers a compassionate but strategic defense, helping clients navigate false accusations, misunderstandings, and complicated family dynamics.

Potential Defense Strategies:

• Lack of evidence or witnesses
  
  
• Self-defense or mutual combat
  
  
• False allegations (e.g., during custody disputes)
  
  
• Violation of rights during arrest
  
  

Sometimes, the police respond to a heated situation where both parties are yelling, emotional, or injured — and they arrest the person they believe was the "primary aggressor." But these situations are often more complicated. You deserve an attorney who will dig into the facts, request surveillance footage, speak with witnesses, and challenge weak or inconsistent statements.

In many cases, early intervention by a skilled lawyer can lead to:

• Case dismissal
  
  
• Reduced charges
  
  
• Deferred prosecution or pretrial diversion
  
  
• Negotiation for anger management or therapy in lieu of jail time
  
  

What About False Accusations?

False accusations of domestic violence can arise out of:

• Divorce or custody battles
  
  
• Attempts to gain leverage in family court
  
  
• Misinterpretation of events
  
  
• Retaliation or manipulation
  
  

Florida prosecutors often proceed with charges even if the alleged victim wants to recant. That’s why you need an attorney who knows how to present facts and protect your reputation.

False accusations can happen in any setting — but they are especially common in vacation areas like Panama City Beach or Rosemary Beach, where emotions run high and alcohol or unfamiliar environments contribute to misunderstandings. Even in these cases, law enforcement is required to follow procedure.

How the Process Varies by County

• Leon County (Tallahassee): Home to Florida State University and FAMU, the local courts often handle student-related cases and family violence with heightened scrutiny.
  
  
• Bay County (Panama City): Vacation-related disputes and cohabitating couples are common in this region.
  
  
• Columbia County (Lake City): Smaller population, but harsh penalties due to conservative local policies.
  
  
• Walton/Okaloosa (Destin, Rosemary Beach): Seasonal spikes in cases during spring break and summer months. Judges are familiar with short-term rental conflicts and out-of-state defendants.
  
  

Each county has its own local procedures, bond schedules, and culture. Having a lawyer who knows the landscape can make a measurable difference.

Frequently Asked Questions (FAQ)

Can the victim drop the charges?

No. Once the police make an arrest, the case is in the hands of the State Attorney's Office. The alleged victim can submit a waiver of prosecution, but prosecutors often proceed anyway.

Will I go to jail for a first offense?

Not always. First-time offenders may qualify for pretrial diversion or probation, especially if there was no serious injury and you have no prior record.

Can I see my children while the case is pending?

If a no-contact order is in place and the children are part of that order or reside with the alleged victim, you may not be able to see them until the court modifies the order.

How long will the case take?

Anywhere from a few weeks (for dismissed charges) to several months or longer for cases that go to trial.

Can I travel out of state while my case is pending?

Usually not without court permission. If you’re from out of state and were arrested while visiting Florida, your attorney may be able to appear on your behalf for certain hearings.

What You Should Do Right Now If You've Been Arrested

1. Do Not Contact the Alleged Victim – Even to apologize or explain. It can make your case worse.
   
   
2. Consult a Criminal Defense Attorney Immediately – The earlier you have legal representation, the more control you have.
   
   
3. Gather Evidence and Witnesses – Anything that shows your side of the story matters.
   
   
4. Stay Off Social Media – Prosecutors and judges will review your activity.
   
   
5. Comply with All Court Orders – Violating a no-contact order or missing a hearing will hurt your case.
   
   

If you’re facing domestic violence charges in Tallahassee, Pensacola, Destin, Rosemary Beach, Panama City, Panama City Beach, or Lake City, you don’t have to navigate it alone. Kathleen Bogenschutz offers confidential, strategic, and experienced legal defense focused on protecting your rights and your future.

Call Kathleen Bogenschutz today at (850) 273-8327 to schedule a consultation and begin building your defense.

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