Charged With a
DV in Orlando?
Domestic violence charges can affect your freedom, your reputation, and even your ability to return home. Protective orders and court dates can happen quickly.
Speak with a defense lawyer right away to understand your rights and start building your defense.
A domestic violence arrest in Orlando triggers consequences that go far beyond the criminal charge itself. Under Florida Statute § 741.28, domestic violence is not a standalone criminal offense — it is a designation applied to any criminal act that results in physical injury or death of one family or household member by another. That designation changes everything about how the case is prosecuted, what penalties are imposed, and what happens to your record afterward.
If you are adjudicated guilty AND the court finds that you intentionally caused bodily harm, § 741.283 imposes mandatory minimum jail time — even on a first offense. And unlike most misdemeanors, a domestic violence conviction in Florida cannot be sealed or expunged, regardless of whether adjudication is withheld.
Attorney James P. Kelly defends domestic violence cases throughout Orlando and Orange County. When you call, you speak directly with your attorney.
Florida’s domestic violence statute is broader than most people realize. Under § 741.28, “domestic violence” means any of the following offenses when committed by one family or household member against another:
The statute defines “family or household member” to include spouses, former spouses, persons related by blood or marriage, persons who currently reside together as a family or have resided together in the past, and persons who are parents of a child in common — regardless of whether they were ever married or lived together. The relationship does not need to be current. A confrontation with an ex-spouse or former partner can be charged as domestic violence years after the relationship ended.
Physical injury is not required for a domestic violence arrest. A threat that creates reasonable fear — assault — is enough. A push, a grab, a shove — battery — is enough. And once law enforcement arrives at the scene of a domestic disturbance in Florida, § 741.29 strongly encourages an arrest if there is probable cause to believe domestic violence occurred.
The criminal penalties for a domestic violence offense depend on the underlying charge. The domestic violence designation adds mandatory consequences on top of whatever the base offense carries.
Domestic battery — battery committed against a family or household member — is the most frequently filed domestic violence charge in Orange County. It is classified as a first-degree misdemeanor under § 784.03:
If you have a prior battery conviction, the charge is automatically upgraded to a third-degree felony with up to 5 years in prison.
If you are adjudicated guilty AND the court finds that you intentionally caused bodily harm, mandatory minimum jail sentences apply:
These are mandatory minimums that the judge cannot waive, suspend, or reduce. They apply on top of any other sentence imposed.
Every domestic violence conviction in Florida carries additional requirements beyond jail time:
This is the single most important long-term consequence that many people do not understand until it is too late. Under Florida law, domestic violence offenses cannot be sealed or expunged — even if adjudication is withheld. This makes domestic violence one of the very few misdemeanor categories where a withhold of adjudication still results in a permanent, visible criminal record. Fighting the charge aggressively from the outset is critical precisely because there is no way to clean up the record after the fact.
Domestic violence cases in the Ninth Judicial Circuit follow a specific procedural track that is more aggressive and faster-moving than standard misdemeanor cases.
When law enforcement responds to a domestic disturbance call in Orange County and finds probable cause to believe domestic violence occurred, § 741.29 directs officers to make an arrest. The alleged victim cannot “decline to press charges” at the scene. The arrest decision belongs to the officer.
At your first appearance before a judge — typically within 24 hours of arrest — the court will almost always impose a no-contact order as a condition of bond. This means you cannot return to your home if the alleged victim lives there, you cannot call, text, email, or communicate through third parties. Violating this order is a separate criminal offense.
The State Attorney’s Office in the Ninth Judicial Circuit has a dedicated domestic violence prosecution unit. These prosecutors specialize in DV cases, and they are experienced at proceeding even when the alleged victim recants, becomes uncooperative, or asks to drop the charges. The state can — and frequently does — prosecute domestic violence cases without the alleged victim’s cooperation, using 911 recordings, bodycam footage, photographs, excited utterances, and other evidence.
This is a point that surprises many defendants. The alleged victim does not control whether the case goes forward. Once charges are filed, only the State Attorney can dismiss them.
Domestic violence cases are among the most defensible charges in Florida criminal law — precisely because they arise from emotionally charged situations where the initial police response is often rushed, one-sided, and based on incomplete information.
Florida’s Stand Your Ground law (§ 776.012) applies in domestic violence situations. If you were defending yourself against an imminent threat of harm from a family or household member, the use of proportional force is legally justified. Many domestic violence arrests involve mutual combat where the person arrested was actually the one defending themselves.
Domestic violence accusations are frequently fabricated or exaggerated in the context of custody disputes, divorce proceedings, immigration manipulation, or retaliation. The accuser may have a motive to lie that has nothing to do with the alleged incident. Text messages, social media activity, prior threats to “call the police,” and inconsistencies between the police report and subsequent statements can all expose a false allegation.
If the state cannot prove intentional bodily harm, the mandatory minimum jail sentence under § 741.283 does not apply. Furthermore, a withhold of adjudication — while it still appears on your record — avoids a formal conviction, which matters for employment and professional licensing.
When the alleged victim recants or refuses to cooperate, the state must build its case entirely on other evidence — officer observations, 911 calls, photographs, statements made to neighbors. If that evidence is weak, inconsistent, or does not establish the elements of the offense beyond a reasonable doubt, the case may not survive.
The initial no-contact order is imposed as a standard condition at first appearance, often without meaningful input from the defense. Your attorney can file a motion to modify the no-contact order to allow limited contact, particularly when both parties live together, share children, or when the alleged victim requests modification.
A domestic violence arrest does not happen in isolation — it ripples through every other legal proceeding involving your family.
Child custody. Florida family courts take domestic violence allegations extremely seriously in custody determinations. Under § 61.13, the court must consider evidence of domestic violence when determining parenting plans and time-sharing. A conviction — or even an arrest with a no-contact order — can be used against you in a custody proceeding.
Domestic violence injunctions. Under § 741.30, the alleged victim can petition for an injunction for protection against domestic violence, which can order you out of your home, restrict your contact with your children, and strip your right to possess firearms. A violation of this injunction is a first-degree misdemeanor under § 741.31.
Divorce proceedings. A domestic violence conviction or pending charge changes the dynamics of a divorce case, affecting property distribution, alimony, and custody arrangements.
The criminal case and the family case are handled in separate courts, but they affect each other directly. Your criminal defense attorney needs to understand the family law implications of every decision made in the criminal case.
Domestic violence cases move fast. The no-contact order imposed at first appearance can separate you from your home, your children, and your daily life within 24 hours of arrest. The state does not need the alleged victim’s cooperation to prosecute. And the permanent consequences of a conviction — the inability to seal or expunge the record, the federal firearms ban, the impact on custody — make this one of the most high-stakes misdemeanor charges in Florida law.
When you call The Law Office of James P. Kelly, you speak directly with attorney James P. Kelly. In domestic violence cases, the details of the relationship, the history between the parties, what was said before and during the incident, and the alleged victim’s potential motives are all critical to the defense. Those details need to go directly to your lawyer.
James P. Kelly handles domestic violence cases in the Orange County Courthouse, the Ninth Judicial Circuit, and courts throughout Central Florida. The firm serves English and Spanish-speaking clients — hablamos español.
The information on this page is provided for general informational purposes and does not constitute legal advice. Every criminal case involves unique facts and circumstances that affect the outcome. Contacting The Law Office of James P. Kelly, P.A. does not create an attorney-client relationship. Past results do not guarantee future outcomes.
No. Once charges are filed, only the State Attorney’s Office can decide whether to prosecute or dismiss. The alleged victim is a witness, not a party. Prosecutors in Orange County routinely proceed with domestic violence cases even when the alleged victim wants the charges dropped, using 911 recordings, bodycam footage, and other evidence.
No. The classification depends on the underlying offense. Domestic battery is a first-degree misdemeanor, but domestic aggravated battery is a second-degree felony (up to 15 years), and domestic aggravated assault is a third-degree felony (up to 5 years). Domestic violence involving stalking, sexual battery, kidnapping, or offenses resulting in death carry even more severe penalties.
No. This is one of the most important things to understand about domestic violence charges in Florida. Unlike most other misdemeanors, domestic violence offenses cannot be sealed or expunged — even if adjudication is withheld. The only way to avoid a permanent record is to fight the charge and obtain a dismissal or acquittal.
If you are convicted and the court finds intentional bodily harm, § 741.283 requires a mandatory minimum of 10 days in county jail (15 days if a child under 16 was present). Without a finding of intentional bodily harm, jail is possible but not mandatory.
Violating a domestic violence no-contact order or injunction is a first-degree misdemeanor under § 741.31, carrying up to 1 year in jail. It can also result in revocation of your bond on the underlying case. Any contact — including text messages, social media, or communication through a third party — can constitute a violation.
Not immediately. The no-contact order imposed at first appearance typically prohibits you from returning to the shared residence while the order is in effect. Your attorney can file a motion to modify the order, which the court may grant depending on the circumstances.
