Domestic Violence Defense
A no-contact order can remove you from your home within hours of arrest. The defense needs to be moving before that hearing happens.
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A domestic violence arrest in Florida moves quickly. Within 24 hours of arrest, a judge sets conditions of release at first appearance, including no-contact orders that can bar you from your home, your children, and your daily life. The defense needs to be active before that hearing, not after.
In Florida, the alleged victim does not control whether charges are filed or dropped. That decision belongs to the state attorney's office. Even if the other person wants the case dismissed, the prosecution can proceed without their cooperation. Knowing this from the start shapes the entire defense strategy.
Domestic violence cases run on 911 calls, recorded statements, medical records, and photos taken in the middle of a chaotic moment. None of those things were captured with your defense in mind. A former prosecutor knows exactly how the state plans to use them, and where the missing context, inconsistencies, or overstated observations create room to push back.
A domestic violence conviction in Florida cannot be sealed or expunged. It affects employment, housing, child custody, and firearms rights. These consequences don't fade. That's why this case deserves the same preparation as any serious felony, regardless of what the charge level says.
No, not in Florida. The alleged victim does not have that authority. The decision to prosecute belongs to the state attorney's office, and they can proceed without the other person's cooperation, over their objection, even if the relationship has reconciled. This surprises most people. It changes how the defense has to be built.
It means you cannot contact the named person by any means: call, text, email, through a third party. If you live together, it typically means you cannot return home until the order is modified or lifted. Violating it is a separate criminal charge. A motion to modify can be filed, but not before the order is in place.
No. After a domestic violence arrest, anything you say to law enforcement will be used to fill holes in the state's case, not to help you. You have the right to remain silent. Use it. Call an attorney before you say anything to anyone.
In Florida, a domestic violence conviction cannot be sealed or expunged. Ever. It stays on your record permanently and affects employment background checks, professional licenses, housing applications, child custody proceedings, and your right to possess a firearm under federal law. That's why the defense matters even when the charge sounds minor.
Florida-specific answers to questions people ask after a domestic violence arrest in Jupiter and Palm Beach County.
The alleged victim doesn't control whether charges proceed. Here is who does, and what actually moves the needle toward dismissal or reduction.
In Florida, the victim does not have the authority to drop charges. The state attorney controls prosecution. Here is why that matters for your defense.
False accusations happen. Here is what to do — and what not to do — immediately after a domestic violence arrest based on allegations you dispute.
First appearance, no-contact orders, arraignment, pretrial, and trial. Here is the full picture of what a first domestic violence arrest looks like in Palm Beach County.
Domestic battery is usually a misdemeanor, but the factors that elevate it to a felony are worth understanding before you assume the charge is minor.
A no-contact order is imposed at first appearance, within 24 hours of arrest. Here is what it covers, what it prohibits, and how it can be modified.
Stand Your Ground is an immunity, not just a defense. Here is how it works in Florida and when it is relevant to domestic violence allegations involving force.
First appearance happens within 24 hours of arrest. No-contact orders, housing restrictions, and conditions of release are all set at that hearing. The sooner Arrieta Law is involved, the more can be done to protect your position before those decisions are made. Call now for a confidential consultation.