Domestic Violence Defense Lawyer in Orlando, FL

Name: Domestic Violence
Brand: O’Mara Law Group
Rating: 4.5 (71 reviews)

When people come to us for criminal defense, it is usually during the worst time in their lives; they are worried, confused, and stressed. Domestic violence is one of the most common violent crimes. In fact, 20 Americans are physically abused every minute of the day, with 10 million women and men becoming victims each year, according to the National Coalition Against Domestic Violence. As such, domestic violence crimes are punished severely. When the victim is a family or household member, instead of a simple assault charge, the defendant is faced with a higher penalty because of their relationship to the alleged victim. The domestic violence defense lawyers in Orlando at the O’Mara Law Group have extensive experience with such cases and are ready to take on your case today.

Domestic Violence Overview

Penalties Assault & Aggravated Assault Domestic Violence Battery Treatment Options Family or Household Members Why Choose O'Mara Law Group

Penalties for Domestic Violence in Orlando

Domestic violence is a broad term. It includes the following offenses, as per Florida statute 741.28:

Assault;
Aggravated assault;
Battery;
Aggravated battery;
Sexual assault;
Sexual battery;
Stalking;
Aggravated stalking;
Kidnapping;
False imprisonment, or
Any other offense causing physical injury or death of a family or household member by another family or household member.

Domestic violence carries a mandatory minimum jail sentence of five days.

three women sitting around a table looking at documents

Domestic Violence

Assault and Aggravated Assault

Domestic violence assault is a common form of domestic violence. It does not require any physical injury or contact to occur, and can be as simple as a threat of violence or throwing an object across the room in a violent manner. Assault is a second-degree misdemeanor, while aggravated assault is a third-degree felony.

Domestic Violence Battery

The most common criminal form of domestic abuse is domestic violence battery. This includes pushing, hitting, grabbing, holding down the victim against their will, biting, slapping, choking, and any other physical violence. Domestic violence battery carries a charge of first-degree misdemeanor, which is punishable by up to one year in jail and a $1,000 fine, not including restitution. In addition, a defendant who is found guilty will also be required to take a 26-week domestic violence education course, 12 months of probation, forfeit any firearms or concealed carry permits during their probation, and will be ineligible for their criminal record to be expunged. Aggravated domestic battery, which involves the use of a weapon, is a second-degree felony, punishable by up to 15 years in prison, in addition to other penalties. The elements required for aggravated domestic battery include the following:

Intentional Contact: It must be proven that the defendant wilfully and intentionally made harmful contact with the victim and knowingly caused them bodily harm or disfigurement.
Deadly Weapon: The use of a potentially deadly weapon will elevate a simple battery to an aggravated battery.
Harming a Pregnant Woman: Harming a woman who is known to be pregnant or who can reasonably be expected to be pregnant qualifies a battery as aggravated.

Family or Household Members

In order for the incident to fall under domestic battery, the victim must have a relationship with the defendant. This relationship includes:

A spouse;
A former spouse;
A blood marriage relationship;
People living together as if a family or have done so in the past;
A parent of a common child.

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What Are Common Domestic Violence Defenses?

If you’re facing a domestic violence charge, understanding your potential defenses can help you make informed decisions about your case. Depending on the circumstances, possible defenses may include:

The allegations are false or exaggerated
You acted in self-defense or defense of another person
The alleged conduct did not meet the legal definition of domestic violence
There is insufficient evidence to prove the charges beyond a reasonable doubt
Witness statements or other evidence are inconsistent or unreliable
Police failed to follow proper procedures when investigating or making an arrest

At O’Mara Law Group, our attorneys can examine the evidence, investigate the circumstances surrounding the allegations, and develop a defense strategy tailored to the specific facts of your case.

You May Have Treatment Options as an Alternative to Incarceration

Depending on the facts of the case, you may be a good candidate to have your case heard in Orange County Drug Court, with a possible outcome being treatment and behavioral modification rather than punishment. Choosing diversion over defending your case in court is a great result for many, but it does come with its own risks and consequences, so you should consult with your attorney before making important decisions on how to handle your case.

Intentionally causing serious bodily injury, permanent disability, or permanent disfigurement;
The use of a deadly weapon; or
The victim was pregnant, and the defendant knew or should have known.
Aggravated battery;
Sexual assault;
Sexual battery;

Why Choose the Domestic Violence Defense Attorneys at O'Mara Law Group in Orlando, Florida?

Domestic violence allegations can affect nearly every aspect of your life, from your freedom and employment to your family relationships and reputation. A conviction may result in significant penalties, making it critical to have experienced legal representation from the start. At O'Mara Law Group, we defend individuals facing domestic violence charges with strategic counsel and a proactive approach tailored to the facts of each case.

Founding partner Mark O'Mara is among the limited number of Florida attorneys board-certified in both Criminal Trial Law and Marital and Family Law. His extensive litigation experience supports our firm’s ability to handle serious and sensitive criminal matters.
Our team has earned recognition as Super Lawyers and Top 100 Trial Lawyers through a continued commitment to strong advocacy and client-focused representation.

If you have been arrested for domestic violence, regardless of the misdemeanor or felony charges against you, you must understand the gravity of your situation. You need to contact a domestic violence defense attorney in Orlando at once. Our criminal defense attorneys with the O’Mara Law Group have been defending clients since 1982, and are prepared to take on your case today. Call the O’Mara Law Group today at 407-413-882 to schedule a consultation.

Domestic Violence Defense FAQs

How can a domestic violence defense lawyer help me?

At O’Mara Law Group, our domestic violence defense lawyers can investigate the allegations, review police reports and other evidence, identify weaknesses in the prosecution’s case, and protect your rights throughout the criminal process. We can also help you understand potential defenses, respond to related protective orders, and advocate for the best possible outcome based on the circumstances of your case.

What is the statute of limitations for domestic violence charges in Florida?

The statute of limitations depends on the specific offense involved. Florida law generally provides different filing deadlines based on whether the alleged conduct is a misdemeanor or felony, and certain circumstances can affect when the limitations period begins or whether an exception applies. Because the applicable deadline depends on the exact charge and circumstances, we can review your case and explain which limitations period may apply.

What happens during the booking process in a domestic violence case?

After an arrest, the booking process generally involves recording your personal information, taking fingerprints and photographs, documenting the alleged charges, and conducting other standard procedures. You may then appear before a judge for a first appearance, where the court can address issues such as release conditions and bond. Domestic violence arrests can also involve restrictions on contact with the alleged victim.

Can I return home after being arrested?

It depends on the conditions imposed following the arrest. A person may be released from custody, but a no-contact order, injunction, or other condition of release may prohibit returning home or contacting the alleged victim. Violating those restrictions can result in additional legal consequences. Our attorneys can help you understand the conditions of your release and what you can legally do after an arrest.

How do I protect my rights if I was falsely accused?

If you believe you were falsely accused of domestic violence, avoid confronting or contacting the accuser about the allegations, especially if a no-contact order is in place. Preserve relevant evidence, including messages, photographs, recordings, witness information, and other documentation that may support your account of what happened. You should also avoid making statements to law enforcement without understanding your rights. O’Mara Law Group can review the allegations and evidence and help develop a defense strategy.

What should I do if I’m served a restraining order in a domestic violence case?

Take the restraining order seriously and carefully follow every restriction it contains, including any requirements concerning contact, communication, or staying away from certain locations. Do not violate the order even if you believe the allegations are false or the restrictions are unfair.

How can I protect my privacy?

Avoid discussing the allegations publicly or posting about your case on social media. You should also be cautious about communicating with the alleged victim or discussing the case through text messages, email, or other platforms, particularly if a court order restricts contact.

Will I still be able to see my children?

Possibly, but your ability to see your children can depend on the circumstances of the case and any court orders or protective orders that are in effect. A domestic violence allegation does not automatically determine the final outcome of your parental rights, but restrictions may be imposed while the case is pending. Our team can help you understand how the criminal case and related family law proceedings may affect your ability to have contact with your children.

Can domestic violence charges be expunged?

Potentially. Whether a domestic violence-related record can be expunged depends on the specific offense, the outcome of the case, and your prior criminal record, among other requirements under Florida law. Not every domestic violence case will qualify for expungement, and some records may be subject to different rules.

Can my charges be dropped?

Domestic violence charges may sometimes be dismissed, but the alleged victim generally cannot simply decide to “drop” criminal charges. The State Attorney’s Office controls the prosecution and determines whether to continue pursuing the case. Depending on the evidence and circumstances, our attorneys may challenge the prosecution’s case, seek dismissal, negotiate a resolution, or pursue other available defense strategies.