Domestic Violence Defense Attorney
in Fort Lauderdale, FL

Types of Domestic Violence Charges We Defend in Florida

Florida Statute 741.28 does not create a single criminal offense called “domestic violence.” Instead, it defines “domestic violence” as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense that results in physical injury or death of one family or household member by another. The term “family or household member” includes spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common, regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Domestic Battery

Domestic battery generally involves an accusation that someone intentionally touched or struck a family or household member against that person’s will, or intentionally caused bodily harm. A first battery offense is generally a first-degree misdemeanor, punishable by up to one year in jail, along with potential domestic-violence-specific penalties.

Domestic Violence by Strangulation

Strangulation generally involves impeding normal breathing or circulation of a family or household member by applying pressure to the throat or neck, or by blocking the nose or mouth. Domestic battery by strangulation is a third-degree felony, punishable by up to five years in prison. These cases often rely on medical evidence and the accuser’s credibility.

Domestic Assault

A domestic assault charge may involve only words or gestures that allegedly put a family or household member in fear of imminent harm. These cases often hinge on credibility and can arise from disputes related to divorce or custody. A careful defense examines context and motive closely.

Violation of a Domestic Violence Injunction

Once an injunction is in place, even accidental or indirect contact can be charged as a violation. Many injunction violations are charged as misdemeanors, while a later violation involving the same protected person may be charged as a felony if the accused has two or more prior qualifying convictions. Many clients hire us after an alleged violation, not the original charge.

Stalking and Cyberstalking

Florida law treats unwanted, repeated contact or online harassment of a family or household member as stalking. Aggravated stalking, involving threats or an injunction violation, is a felony. We often defend cases arising from breakups or disputes where communications are taken out of context.

Injunctions and No-Contact Orders in Broward County

Two separate types of court orders can restrict contact with the alleged victim. They come from different courts, follow different rules, and require different defenses.

No-Contact Order at First Appearance

After a domestic violence arrest, Florida judges usually enter a no-contact order. This order prevents contact with the alleged victim and can restrict access to a shared home or children. Violations are separate crimes. We may seek order modifications when the facts and court procedures allow, including in situations involving co-parenting or access to the home.

Injunction for Protection Against Domestic Violence

An injunction, often called a restraining order, is a civil court order. Because an injunction case is a civil proceeding, the petitioner does not have to prove a criminal charge beyond a reasonable doubt. Instead, the petitioner must establish by a preponderance of the evidence that they have been the victim of qualifying conduct and that they are in imminent danger of becoming a victim again. Temporary injunctions can be issued the same day, with a full hearing generally scheduled within 15 days. That hearing is your main opportunity to respond.

A final injunction can have serious consequences. It may restrict firearm possession under applicable state and federal law, affect divorce or custody issues, and appear on background checks. If you are served with a temporary injunction, act quickly to prepare your defense.

Penalties and Collateral Consequences

Jail time is only part of the picture. Domestic violence convictions in Florida carry consequences that follow people long after the case ends.

• For a first domestic battery conviction in Florida, the court can impose up to one year in jail, probation, fines, court costs, and other domestic-violence-specific conditions, including a Batterers’ Intervention Program. If the defendant is adjudicated guilty of a domestic violence crime and intentionally caused bodily harm, Florida law requires a minimum jail term of 10 days for a first offense, with higher minimums for repeat offenses or cases involving a child under 16 who is a family or household member. Depending on the charge and the degree of felony involved, the statutory maximum may range from five years to 30 years in prison.

• Under Florida law, many domestic-violence-related records are difficult or impossible to seal or expunge after a conviction or certain case outcomes. Eligibility depends on the charge, outcome, and the person’s full record. In many situations, the arrest and case history may remain part of the public record unless the charge is dismissed before conviction and the person meets Florida’s sealing or expunction eligibility requirements.

• A qualifying domestic violence conviction or certain final protection orders can trigger state and federal firearm and ammunition disabilities under laws such as 18 U.S.C. § 922(g)(8) and (9). These restrictions can affect people who possess or are required to carry firearms for work, hunting, or personal protection, and the specific impact depends on the nature of the conviction or injunction and the language of the court’s order.

• Employment. Background checks may show the arrest and charge. Professional licenses in Florida, including law, medicine, nursing, real estate, and finance, may be affected depending on the charge, outcome, licensing board, and reporting requirements. Government employees, military members, and contractors with security clearances may face additional employment or reporting concerns.

• Immigration. Certain domestic‑violence‑related convictions can be treated as deportable offenses for non‑citizens, including lawful permanent residents, under federal immigration law. In some situations, even a withhold of adjudication or a plea to a related offense may have immigration consequences, so non‑citizen defendants should consult with an immigration attorney before resolving any domestic violence charge.

• Custody and divorce. In Florida family court, certain domestic-violence findings, convictions, or injunctions may affect parental responsibility and timesharing decisions. Judges consider these issues along with the evidence in each case when deciding parenting plans. Judges in Broward County and throughout Florida may treat domestic violence findings as an important factor, but the ultimate decision is based on the specific facts and the best interests of the child.

What to Expect From the Process

Domestic violence cases follow a predictable arc in Broward County. Understanding the timeline helps clients make better decisions early, when the case is still shaped by what evidence exists and what story gets told first.

Arrest and Booking

Florida law allows officers to make a warrantless arrest when they have probable cause to believe that an act of domestic or dating violence has occurred, and many agencies follow policies that strongly encourage arrest in these situations. The decision is based on the officer’s assessment of probable cause at the scene, not simply on who started the argument or who wants to press charges.

First Appearance, Often Within 24 Hours

At first appearance, a judge may set bond, enter a no-contact order, and impose other conditions, including firearm-related restrictions when applicable. A defense lawyer present at the first appearance may argue for a lower bond, fewer restrictions, or other appropriate conditions based on the facts of the case.

Filing Decision

The State Attorney’s Office reviews the police report and decides whether to formally file charges. This window is one of the most important times to involve a lawyer. A well-prepared defense presentation, including witness statements, photos, texts, and context about the relationship, may affect a filing decision.

Arraignment and Discovery

If charges are filed, you enter a plea, and both sides exchange evidence. At this stage, Paez Defense may depose the alleged victim, subpoena 911 calls and body camera footage, and identify inconsistencies.

Resolution

Depending on the evidence, the case can end in dismissal, a reduction to a non-domestic violence charge, a pretrial diversion program, a plea agreement, or a trial. Trial may be an option when the evidence does not support the charge.

Why Clients Choose Paez Defense

Our practice is built on three principles that matter in domestic violence cases.

• We represent the accused. There are no mixed loyalties and no judgment about your relationship. Our role is to defend you.

• Paez Defense has experience handling domestic violence cases in Broward County courts. The firm appears in Broward County courtrooms regularly and is familiar with the prosecutors who handle domestic violence intake, the judges who hear injunctions, and the local Batterers’ Intervention Programs. That familiarity helps Paez Defense move quickly, anticipate pressure points, and prepare for how Broward domestic violence cases are handled, but it does not guarantee any particular outcome in a given case.

• We treat the case as one case. Domestic violence matters often move on two tracks at once: the criminal case and the injunction case. Statements made in one can affect the other. Orders entered in one can affect the other. Paez Defense approaches injunction hearings and criminal defense with an understanding that related issues may affect the overall strategy.

If your case calls for a trial, Paez Defense is prepared to try it. If the facts support a quieter resolution, the firm may pursue that strategy with the goal of minimizing unnecessary harm to your record, your job, and your family.