If you have been arrested or accused of domestic violence, a domestic violence lawyer can help you understand the charge, any restrictions placed on you, and the steps ahead. Cobb Law Firm represents people facing domestic violence allegations throughout Northwest Florida, including Fort Walton Beach, Destin, and Okaloosa County.
Domestic Violence Charges We Defend in Florida
Domestic violence is not a single criminal offense in Florida. It describes certain crimes committed between qualifying family or household members.
Cobb Law Firm handles domestic violence cases involving allegations such as:
Domestic Battery
Domestic Assault and Aggravated Assault
Domestic Battery by Strangulation
Aggravated Battery
Stalking and Aggravated Stalking
False Imprisonment and Kidnapping
Who Is Considered a Family or Household Member Under Florida Law?
- Current spouses
- Former spouses
- People related by blood or marriage
- People who currently live together as a family
- People who previously lived together as a family
- Parents of a child in common, whether or not they were ever married
Under Florida law, domestic violence applies to specific offenses committed between qualifying family or household members. Except for co-parents, individuals must currently live together or have previously cohabited in the same dwelling to qualify.
What Happens After a Domestic Violence Arrest in Florida?
A domestic violence arrest can trigger several legal issues before the underlying criminal case is resolved.
Arrest and First Appearance
No-Contact Restrictions
Prosecutor Review and Formal Charges
How a Domestic Violence Defense Lawyer Handles Your Case
Every domestic violence case is different. The defense should begin with the evidence rather than relying only on the initial police report.
-
Reviewing the Arrest and Allegations
We examine what happened, what offense is being alleged, and what information law enforcement relied on when making the arrest.
-
Collecting and Comparing the Evidence
Evidence may include: police reports, 911 recordings, body-camera footage, photographs, medical records, witness statements, other digital or physical evidence
-
Identifying Inconsistencies and Missing Evidence
Statements made during an emotionally charged incident may differ from later statements or objective evidence. We look for inconsistencies, missing information, conflicting accounts, and evidence that does not support the prosecution's theory.
-
Evaluating Self-Defense and Other Defenses
Some cases involve competing allegations or evidence that the accused acted to protect themselves or another person. The available recordings, witness statements, physical evidence, injuries, and circumstances surrounding the incident can help determine whether self-defense or another defense may apply.
-
Negotiating With Prosecutors or Preparing for Trial
After reviewing the evidence and legal issues, we determine the appropriate strategy. Depending on the case, possible outcomes may include dismissal, reduced charges, a negotiated resolution, or trial.
No particular result can be guaranteed. The strategy depends on the evidence and circumstances of the individual case.
Common Defenses to Domestic Violence Charges in Florida
A domestic violence defense depends on the facts of the case. Issues that may need to be investigated include:
Self-Defense or Defense of Another Person
Inconsistent or Changing Statements
Lack of Supporting Evidence
Evidence That Contradicts the Allegation
Witness Credibility
Disputes Over the Primary Aggressor
Relationship Does Not Meet the Legal Definition
Having one of these issues does not automatically result in dismissal. A lawyer must determine how the issue applies to the evidence and charges in the individual case.
What Are the Penalties for Domestic Violence in Florida?
There is no single penalty for “domestic violence” in Florida. The possible sentence depends on the underlying offense, the case circumstances, prior convictions, injuries, and other factors. Potential consequences may include:
-
Jail or Prison
Repeat offenses or serious felony charges may carry significant incarceration exposure.
-
Probation
Some domestic violence cases can result in probation and court-ordered conditions.
-
Fines and Court Costs
Financial penalties depend on the offense and sentence imposed.
-
Batterer's Intervention Program
Florida law requires participation in a batterer's intervention program in certain domestic violence cases.
-
No-Contact Restrictions
A court may restrict contact with the alleged victim while a case is pending or as part of a sentence.
-
Criminal Record
A conviction can remain part of your criminal history and affect background checks.
-
Firearm Consequences
Domestic violence convictions and certain court orders can affect the ability to possess firearms.
-
Enhanced Penalties for Repeat Offenses
Prior qualifying domestic violence convictions can increase the seriousness of later charges. Florida law also imposes specific sentencing requirements in some cases involving intentional bodily harm and repeat domestic violence offenses.
Why Hire Cobb Law Firm for a Domestic Violence Case?
Domestic violence allegations can involve criminal charges, court-ordered restrictions, injunction proceedings, family relationships, witness credibility, and evidence from multiple sources. Experience handling criminal cases and evaluating evidence can make a significant difference in how those issues are approached.
More Than Three Decades of Florida Criminal Defense
-
Since 1990
Practicing criminal defense in Florida
-
10,000+
Criminal cases handled
-
Board Certified
Criminal Trial Law Specialist
-
Northwest Florida
Born, raised, and practicing locally. If you need a Fort Walton Beach domestic violence lawyer or an Okaloosa County domestic violence lawyer, Cobb Law Firm represents defendants in the local courts and throughout Northwest Florida.
Past results do not guarantee future outcomes. Every case must be evaluated based on its own facts.
What Clients Say
Real reviews from people who spoke with Stephen G. Cobb about their case.
“Very knowledgeable and offered excellent references and information pertaining to our request and was engaged in the conversation. Most importantly our consultation was not rushed - he was not counting the minutes like most attorneys. Mr Cobb addressed all of our concerns and you can tell he has a passion for law.”
“By far the best experience talking to an attorney I have ever had. Even though Mr Cobb could not help with an upcoming court case he spent well over an hour with other recommendations for us on a consult. I cannot thank him enough for his expertise.”
“Stephen Cobb is simply an amazing attorney! Knowledgeable, professional, compassionate and results driven. Unfortunately for me this will be my second go around with Mr. Cobb, but I do so with no regrets or concerns, he will get it done and obtain the best outcome the law allows!!!”
FAQs
How Does Florida Define Domestic Violence?
Florida defines domestic violence as designated criminal offenses, such as assault, battery, stalking, or false imprisonment—committed against a qualifying family or household member.
Can My Spouse or Partner Drop Domestic Violence Charges?
Not by themselves. Once police and prosecutors are involved, the alleged victim does not control whether the criminal case continues. Florida law gives the State Attorney’s Office authority to determine whether domestic violence charges will be filed or prosecuted, even when the alleged victim does not want prosecution to continue. Their wishes may still be relevant, but they do not automatically end the case.
Can a Domestic Violence Charge Be Dismissed?
Yes, a domestic violence charge can be dismissed, but dismissal is not automatic simply because the alleged victim no longer wants to pursue the case. The outcome depends on factors such as the available evidence, witness statements, recordings, injuries, legal defenses, evidentiary issues, and whether prosecutors believe they can prove the charge.
Can I Contact the Alleged Victim After a Domestic Violence Arrest?
Not while a no-contact order is in place. You must strictly adhere to any no-contact order until the court formally modifies it. The alleged victim cannot grant permission to bypass a court order.
Is Domestic Violence Always a Felony in Florida?
No. Domestic violence itself is not one specific felony or misdemeanor. The classification depends on the specific offense and circumstances. Charges range from misdemeanor battery to felony battery by strangulation, and prior convictions can lead to reclassification under Florida’s enhanced penalty laws.
What If I Acted in Self-Defense?
Self-defense may be a defense to a domestic violence charge when the facts and Florida law support it. Police responding to domestic violence allegations are required to evaluate competing complaints and attempt to identify the primary aggressor. Florida law also recognizes situations in which a person reasonably acts to protect themselves or another family or household member.
How Much Does a Domestic Violence Lawyer Cost?
The cost of representation depends on the type and seriousness of the charge, the amount of evidence involved, whether there is a related injunction proceeding, the complexity of the defense, and whether the case proceeds toward trial. Cobb Law Firm offers a free initial consultation.
Who Is Considered a Family or Household Member Under Florida Law?
The definition includes:
- Current spouses
- Former spouses
- People related by blood or marriage
- People who currently live together as a family
- People who previously lived together as a family
- Parents of a child in common, whether or not they were ever married
Under Florida law, domestic violence applies to specific offenses committed between qualifying family or household members. Except for co-parents, individuals must currently live together or have previously cohabited in the same dwelling to qualify.
Talk to a Florida Domestic Violence Lawyer: Free Consultation
If you have been arrested, charged, or accused of domestic violence, you do not have to wait until your next court date to begin reviewing the case. If you need a domestic violence lawyer, Cobb Law Firm represents clients in Fort Walton Beach, Destin, Okaloosa County, and throughout Northwest Florida.