Domestic Violence

Daytona Beach Domestic Violence Lawyer

Defending Clients Charged with Domestic Violence Throughout Central Florida

At Thompson Law, P.A., we understand the sensitive and complex nature of domestic violence cases in Daytona Beach, Florida. We represent individuals accused of domestic violence and offer legal assistance to victims of domestic abuse. We develop defense strategies around each client’s circumstances while prioritizing communication and protecting our clients’ rights throughout the criminal process. If you need a Daytona Beach criminal attorney, our team can provide legal guidance and advocacy.

Call Thompson Law, P.A. at (386) 280-4977 or contact us online to discuss your case with our domestic violence attorney in Daytona Beach.

What Are Florida’s Domestic Violence Definitions?

Under Florida law, domestic violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or another criminal offense resulting in physical injury or death of one family or household member by another. The term “family or household member” includes spouses, former spouses, individuals related by blood or marriage, individuals who currently or formerly lived together as a family, and individuals who have a child in common. Except for parents of a child in common, family or household members must currently live together or have lived together in the same dwelling. Covered offenses include assault, battery, sexual assault, stalking, domestic violence by strangulation, and more. If you have been accused of one of these offenses or are a victim seeking legal assistance, consult an attorney who handles domestic violence cases.

What Are the Penalties for Domestic Violence in Florida?

Penalties for domestic violence in Florida depend on the specific offense and the circumstances of the case. They may include:

Misdemeanor domestic violence:

First-degree misdemeanor: Up to 1 year in jail and/or a maximum fine of $1,000.
Second-degree misdemeanor: Up to 60 days in jail and/or a fine not exceeding $500.

Felony domestic violence:

Third-degree felony: Up to 5 years in prison and/or a maximum fine of $5,000.
Second-degree felony: Up to 15 years in prison and/or a fine not exceeding $10,000.
First-degree felony: Up to 30 years in prison and/or a maximum fine of $10,000.

Individuals convicted of domestic violence offenses may also be required to complete a batterer’s intervention program or face probation, restraining orders, loss of child custody or visitation rights, and damage to their personal and professional reputation.

Previous domestic violence convictions, serious bodily injury, or the use of a deadly weapon can increase the penalties.

Florida Statute 741.281 requires at least 1 year of probation when a person is found guilty of, pleads nolo contendere to, or receives a withhold of adjudication for a domestic violence crime. Completion of a batterers’ intervention program is a required condition of that probation.

Mandatory Minimum Jail Terms for Intentional Bodily Harm

Florida Statute 741.283 imposes mandatory minimum county-jail terms when a domestic violence conviction involves intentional bodily harm. These terms are separate from the broader misdemeanor or felony penalty range for the underlying offense.

The mandatory minimum jail terms are:

First offense: 10 days, increasing to 15 days if the offense occurred in the presence of a qualifying child under 16.
Second offense: 15 days, increasing to 20 days if the offense occurred in the presence of a qualifying child under 16.
Third or subsequent offense: 20 days, increasing to 30 days if the offense occurred in the presence of a qualifying child under 16.

These minimum terms don’t prevent a court from imposing additional incarceration, probation, or community control when authorized by law.

Can the Victim Drop Domestic Violence Charges?

In Florida, the prosecuting attorney, not the victim, decides whether to drop domestic violence charges. Once charges have been filed, the prosecutor determines whether to continue the case because domestic violence is treated as a crime against the state, not solely as an offense against the victim.

The victim’s cooperation and willingness to testify can influence that decision. The prosecutor will also consider factors such as the alleged offense’s severity, the available evidence, and the impact on public safety.

Even if the victim asks to drop the charges, the prosecutor may proceed when other evidence or witness testimony is available. This approach is intended to protect victims who may have been coerced or intimidated into recanting their statements.

Criminal Charges & Civil Injunctions for Protection

A criminal domestic violence case and a civil injunction for protection are separate proceedings. A person affected by domestic violence may ask the State Attorney to pursue a criminal complaint and separately petition the court for an injunction for protection.

A court can issue a temporary injunction without prior notice to the respondent when the petition shows an immediate and present danger. The respondent is then served, and the court schedules a hearing on whether to enter a final injunction. For filings in Daytona Beach, the Clerk of Court assists with injunction petitions, and Florida doesn’t charge a filing fee for a petition for an injunction for protection. The sheriff’s office handles service of domestic violence injunctions through its court-services responsibilities.

Firearm & Ammunition Restrictions

A domestic violence allegation alone doesn’t automatically create every firearm restriction. Federal law prohibits firearm and ammunition possession after a qualifying misdemeanor domestic violence conviction and while a person is subject to a qualifying domestic violence protective order.

Florida law also makes possession of a firearm or ammunition a first-degree misdemeanor for a person subject to a final injunction restraining domestic violence, stalking, or cyberstalking. An injunction restraining domestic violence or repeat violence also requires suspension of a concealed weapon license or pending license application.

Protecting Your Rights in Domestic Violence Cases

Domestic violence cases are often complex and emotionally charged. Our Daytona Beach domestic violence lawyer examines the allegations, evidence, and circumstances to build a defense focused on protecting your rights.

When you work with us, you can expect:

Thorough investigation and analysis of the evidence against you
Prompt communication about your case
Strategic defense planning tailored to your situation
Guidance throughout the legal process

Being arrested for Domestic Violence can affect your career, your role in your community, and your rights. Learn what happens after a domestic violence arrest. Matt Thompson has handled hundreds of domestic violence cases as a former prosecutor. He also brings more than 16 years of trial experience and his knowledge as a State Attorney to your defense. Attorney Matt Thompson proactively defends these cases, works to protect your rights, and seeks changes to bonding and pretrial conditions when appropriate.

A consultation with our Daytona Beach domestic violence attorney gives you an opportunity to discuss the allegations, your rights, and possible defense strategies.

Contact Our Daytona Beach Domestic Violence Attorney Today

Contact Thompson Law, P.A. online or call (386) 280-4977 today to schedule a FREE consultation with our domestic violence lawyer in Daytona Beach.

Defenses to Domestic Violence Charges in Florida

The defense strategy in a domestic violence case depends on the allegations, available evidence, and circumstances surrounding the incident. Potential defenses include:

Self-defense: You may have a valid defense if you reasonably believed there was an imminent threat to you or another person and your actions were necessary to protect against it.
Lack of intent: The prosecution must establish that you intentionally committed the alleged act. Evidence that the incident was accidental or unintentional may weaken its case.
False allegations: Accusations may arise from personal disputes or attempts to gain an advantage in divorce or child custody proceedings. Evidence or witnesses that contradict the allegations may support your defense.
Insufficient evidence: The prosecution must prove every element of the offense beyond a reasonable doubt. Gaps or inconsistencies in its evidence may undermine the case.
Lack of credibility: Evidence that challenges the alleged victim’s credibility or shows a history of false accusations can cast doubt on the testimony.
Constitutional violations: If law enforcement violated your constitutional rights during the arrest, investigation, or collection of evidence, your attorney may challenge the admissibility of that evidence or seek dismissal of the charges.

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View Recent Results

All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
Penalties Reduced Grand Theft, Fleeing, Possession of a Fictitious Driver’s License
Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.
Charge Reduced Felony Child Abuse
Attorney Thompson took over for the Defendant’s prior attorney who was unable to obtain an offer of anything other than a felony conviction. Attorney Thompson prepared a sworn Motion to Dismiss and was offered a misdemeanor with no probation or jail.
All Charges Dismissed Child Abuse Battery
The Client was entangled in a contentious divorce where her ex-husband used the criminal legal system to try to gain leverage against the Client in the family law courts. Attorney Thompson was able to provide documentation, witness statements, and a certificate of completion of a parenting class to get all charges dismissed against the client.
All Charges Dismissed Resisting an Officer Without Violence
The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.
All Charges Reduced Aggravated Battery
Attorney Thompson conducted depositions on the alleged victim and third-party witness. Attorney Thompson was able to show that the victim was harassing the Defendant and was not being truthful to the police. Attorney Thompson filed Order to Show Cause against the third-party witness for avoiding subpoena for depositions.