Defending Your Rights in Domestic Violence Cases
Experienced Representation for Domestic Violence Charges in Florida
Former Trooper & Deputy | Data-Driven Defense
Get a Free ConsultationUnderstanding Domestic Violence Charges in Florida
In Florida, "domestic violence" is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
A "family or household member" includes spouses, former spouses, persons related by blood or marriage, persons currently residing together as if a family, persons who have resided together in the past as if a family, and persons who are parents of a child in common, regardless of marriage. Except for those with a child in common, individuals must currently or have previously resided in the same dwelling unit.
These charges are treated very seriously under Florida law, often involving a "pro-prosecution" stance from the State Attorney's office and potentially leading to immediate arrest based on probable cause, even without the alleged victim's consent to prosecute.
Facing a domestic violence accusation can have profound and immediate consequences, including no-contact orders, loss of access to your home, and impact on child custody, even before a conviction. Understanding the legal landscape and your rights is paramount.
The Florida Domestic Violence Arrest & Court Process
Law Enforcement Investigation & Response
Officers investigating an alleged domestic violence incident must assist victims with medical treatment, advise them of domestic violence center services, and provide notice of legal rights, including information about injunctions. They will often attempt to obtain written statements from all parties and witnesses. A key determination is identifying the primary aggressor if multiple parties are involved.
Arrest and "No Contact" Orders
Florida law allows for a warrantless arrest if an officer has probable cause to believe domestic violence has occurred. The decision to arrest does not require the victim's consent. Upon arrest, the defendant is typically held in custody until their first appearance before a judge. The court will likely issue a "no contact" order as a condition of pretrial release, prohibiting any contact with the alleged victim.
First Appearance and Bail
At the first appearance, the judge will inform the defendant of the charges, determine probable cause, and set bail. The safety of the victim and any children is a primary consideration in bail decisions. The State Attorney's Office will investigate the defendant's history, including prior arrests and injunctions, for the court's consideration.
State Attorney Review & Prosecution
State Attorney's offices often have specialized domestic violence units and pro-prosecution policies. They will review the evidence, including police reports, witness statements, and any video footage, to decide whether to file formal charges. This decision can be made even if the alleged victim wishes to drop the charges.
Criminal Court Process & Injunctions
The criminal case proceeds through arraignment, pretrial conferences, motions, and potentially trial. Separately, an alleged victim can petition for an Injunction for Protection Against Domestic Violence (restraining order), which has its own court process. Violating an injunction is a separate criminal offense.
Injunctions for Protection Against Domestic Violence (Restraining Orders)
In addition to criminal charges, individuals in Florida can seek an Injunction for Protection Against Domestic Violence (commonly known as a restraining order). This is a civil court order, but violating it can lead to criminal penalties.
Filing a Petition
A person who is a victim of domestic violence or has reasonable cause to believe they are in imminent danger can file a verified petition. There are no filing fees. The petition must allege specific facts and circumstances of the domestic violence.
Temporary (Ex Parte) Injunctions
If the court finds an immediate danger, it can issue a temporary injunction without the respondent present (ex parte). This is typically effective for up to 15 days and can include orders to refrain from contact, award temporary exclusive use of a shared dwelling, and set a temporary parenting plan.
Full Hearing and Final Injunction
A full hearing is scheduled where both parties can present evidence. If the court finds the petitioner is a victim or in imminent danger, it can grant a final injunction. This can include:
- Restraining the respondent from committing acts of domestic violence.
- Awarding exclusive use of the dwelling.
- Establishing a temporary parenting plan and time-sharing schedule (which can be 100% to one parent).
- Ordering temporary child or spousal support.
- Requiring the respondent to attend a batterers' intervention program.
- Prohibiting firearm possession by the respondent (a violation is a first-degree misdemeanor).
- Other relief deemed necessary for protection.
Enforcement and Violations
Willfully violating a domestic violence injunction is a first-degree misdemeanor. Law enforcement can arrest for violations. The court can also enforce violations through civil or criminal contempt proceedings.
Defending against an injunction petition requires a strategic approach, as these orders can significantly impact your life, including your right to possess firearms and contact with your children.
Body Worn Camera (BWC) Footage & Advanced Video Analysis in DV Cases
Body Worn Camera (BWC) footage is increasingly vital in domestic violence cases. It captures officer interactions with all parties, the scene, and often, raw emotional statements made in the heat of the moment. This footage can be pivotal in corroborating or contradicting accounts.
A skilled defense involves more than a cursory viewing. At Lotter Law, we leverage professional video editing software, such as Adobe Premiere Pro, for a forensic analysis of BWC recordings.
Why Professional Video Analysis Matters in DV Defense
- Frame-by-Frame Review: Essential for examining alleged acts, injuries (or lack thereof), and the demeanor of all involved.
- Identifying Inconsistencies: Crucial for comparing on-scene statements with later testimony or reports.
- Contextualizing Interactions: Helps show the full picture, which might be different from isolated claims.
- Assessing Officer Conduct: Scrutinizing how officers interacted with parties, conducted interviews, and gathered evidence.
- Creating Demonstrative Evidence: Isolating key clips for court or negotiations to clearly illustrate defense points.
Jeff Lotter's background as a former law enforcement officer provides a unique perspective on how these situations unfold and are documented. Combined with meticulous video analysis, we uncover details that can significantly strengthen your defense against domestic violence charges.
Severe Consequences of a Florida Domestic Violence Conviction
A domestic violence conviction in Florida, or even just an injunction, carries profound and lasting consequences that extend beyond criminal penalties.
- Criminal Record: A conviction creates a permanent criminal record, often not sealable or expungeable, impacting employment, housing, and professional licenses.
- Mandatory Jail Time: If adjudicated guilty and intentional bodily harm occurred, minimum jail terms apply (e.g., 10 days for a first offense, increasing if a child was present or for subsequent offenses).
- Probation: A minimum term of 1 year's probation is typically ordered.
- Batterers' Intervention Program (BIP): Mandatory completion of a 29-week BIP is a standard condition of probation.
- Loss of Firearm Rights: A conviction for a domestic violence misdemeanor, or the issuance of a final domestic violence injunction, prohibits possession of firearms and ammunition under federal and state law.
- No-Contact Orders: These can restrict access to your home and contact with family members, including children.
- Impact on Child Custody: A DV conviction or injunction can significantly affect child custody and time-sharing arrangements.
- Immigration Consequences: Non-citizens face severe immigration consequences, including deportation.
- Social Stigma: The label of a domestic violence offender carries significant social and personal repercussions.
Given these life-altering consequences, a robust and informed defense is absolutely critical.
Building Your Domestic Violence Defense with Lotter Law
An accusation of domestic violence does not mean you are guilty. Many defenses exist, and a thorough investigation can uncover critical facts.
Critical Need for Experienced Counsel
Domestic violence cases are unique due to their emotional nature, pro-prosecution policies, and the interplay between criminal charges and civil injunctions. An experienced attorney understands how to navigate these complexities, protect you from false or exaggerated claims, and fight for your rights.
Challenging the Allegations and Evidence
We meticulously examine all evidence and allegations, including:
- Self-Defense or Defense of Others: Were your actions legally justified to protect yourself or another?
- Credibility of the Accuser: Are there inconsistencies in statements, motives to fabricate, or a history of false allegations?
- Lack of Intent or Accidental Contact: Did the alleged act lack the criminal intent required for a conviction?
- Insufficient Evidence: Does the State have enough credible evidence to prove the charges beyond a reasonable doubt? Was there probable cause for the arrest?
- Analysis of BWC/Video Footage: Does the video evidence contradict the accuser's claims or support your defense?
- Witness Testimony: Interviewing witnesses and challenging unreliable testimony.
Procedural Defenses & Motions to Suppress
We scrutinize law enforcement conduct for violations of your constitutional rights. This includes illegal searches or seizures, failure to read Miranda rights (if applicable during custodial interrogation), or improper evidence handling. Successful motions to suppress illegally obtained evidence can cripple the prosecution's case.
Negotiation and Alternative Resolutions
Where appropriate, we explore negotiations for reduced charges (e.g., to a non-domestic violence offense), deferred prosecution agreements, or diversion programs that could lead to a dismissal and avoid the harsh consequences of a domestic violence conviction. We also provide robust defense in civil injunction hearings.
Why Choose Lotter Law for Your Domestic Violence Defense?
Domestic violence allegations demand an attorney with specific experience and a deep understanding of how these sensitive cases are handled by law enforcement and prosecutors. Lotter Law offers distinct advantages:
Former Law Enforcement Perspective
Jeff Lotter's experience as a Florida State Trooper and Deputy Sheriff provides unparalleled insight into how domestic violence calls are investigated, how officers determine probable cause, and how reports are written. This helps identify weaknesses in the State's case, potential officer biases, or procedural missteps.
Data-Informed Defense & Video Analysis
We analyze local case data to understand trends in domestic violence prosecutions and outcomes. Coupled with our meticulous analysis of BWC footage, this data-driven approach allows us to build a highly tailored and effective defense, anticipating prosecutorial tactics and highlighting inconsistencies.
When facing serious domestic violence accusations, you need an attorney who can critically evaluate the evidence from all angles. Lotter Law provides the experienced, strategic, and insightful defense you deserve.
Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran—approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
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Office Consults By Appointment Only
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
Get DirectionsFacing a Domestic Violence Accusation? Act Now.
These are serious charges with lasting consequences. Contact Lotter Law for a free, confidential consultation to discuss your defense.
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Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801