Know Your Rights And Options When Charged With Domestic Violence In West Palm Beach
Family and relationship dynamics are messy, to say the least. There are at least two sides to every story, even in disputes that end with police intervention. Unfortunately, as soon as law enforcement gets involved, the narrative can shift, facts can be distorted and blame often becomes one-sided. To keep track of things, you need a criminal defense attorney who is detail-oriented enough to properly serve you in your case, no matter how complex things become.
If you’ve been arrested for and/or charged with domestic violence, you need to seek the help of an experienced domestic violence attorney as soon as possible. My legal practice, The Lewin Law Firm, PLLC, is focused exclusively on providing knowledgeable and trial-tested criminal defense to clients in West Palm Beach and throughout Florida.
Understand The Accusations And Charges You Face
The first step in any criminal defense matter is understanding what you’ve been charged with and the potential consequences if convicted. Here are just some of the charges I have helped domestic violence clients address:
- Violation of a restraining order
- Domestic violence battery strangulation (charged as a felony)
- Battery on a pregnant person
- Domestic violence, battery misdemeanor offenses
- Sexual battery with force and certain other sex offenses
It is important to note that domestic violence charges are far less gender-specific than many people assume. Approximately half of the clients who seek my help in this area are women. People of any gender and relationship type may find themselves facing charges, and all have a right to effective legal representation.
Numerous Defense Strategies May Be Available
When building a legal strategy, the first question to ask is: Does the alleged victim want to press charges? If not, I can often convince prosecutors to drop the domestic violence charges. If so, I will begin an investigation with a standard set of standard questions. Were you acting in self-defense? Were you illegally searched by law enforcement? If there were photos taken of the alleged victim’s injuries, were those photos altered in any way? I thoroughly examine all details of your case to maximize your legal options.
Clearing Your Record After Dismissal Or Acquittal
I am often able to help clients get their domestic violence charges dismissed or achieve an acquittal. But even under those circumstances, charges will typically stay on your criminal record, where they can continue to damage your reputation and your future job prospects.
The solution, when available, is to petition to have the charges expunged. In Florida, you can often expunge a record of domestic violence arrests and charges if you were found not guilty, if the charges were dismissed or dropped, or if no official charges were ever filed.
This process is not automatic, however, and is typically easiest with the help of a domestic violence lawyer. For an additional fee, I can help you petition the court to expunge records related to your domestic violence accusation.
Florida Domestic Violence FAQs
When facing domestic violence charges in Florida, you need clear information about your rights and the legal process. The answers below are drawn from years of defending clients through serious legal matters in West Palm Beach courts.
If the victim wants to drop the charges, will my case be dismissed?
This decision rests entirely with the State Attorney’s Office, not the victim. Once law enforcement files a domestic violence report, prosecutors take control of the case.
Even if the alleged victim recants their statement or refuses to cooperate, the state can move forward using other evidence, including:
- Police reports and officer observations from the scene
- 911 recordings and emergency dispatch calls
- Witness statements from neighbors or bystanders
- Photographs of alleged injuries or property damage
Florida prosecutors pursue these cases aggressively, regardless of the victim’s wishes. Your defense requires careful strategy because the state treats domestic violence allegations with exceptional seriousness.
What is the difference between a domestic violence charge and an injunction?
A domestic violence charge is a criminal case that could result in jail time, probation and a permanent criminal record. The state prosecutes you, and a conviction carries serious penalties.
An injunction, better known as a restraining order, is a civil court order that restricts your contact with someone and can be filed by the alleged victim directly. While they are separate proceedings, having both of them simultaneously complicates your situation significantly. For instance:
- An injunction dictates where you can live and work
- It affects your access to your children
- It restricts your ability to possess firearms
- Violations carry additional criminal charges
Remember, both require immediate attention because the consequences stack quickly.
What are the mandatory penalties for a domestic violence conviction in Florida?
Florida law imposes strict mandatory minimum sentences that judges cannot waive, including:
- Minimum five days in jail for any domestic battery conviction
- Mandatory 12 months of probation following any jail sentence
- 26-week Batterers’ Intervention Program (BIP) that you must complete and pay for
- Permanent loss of firearm possession rights under federal and state law
These penalties apply even to first-time offenders. A conviction creates a permanent criminal record that affects employment, professional licenses, housing applications and child custody matters.
Florida courts take these cases seriously. At the same time, prosecutors rarely offer lenient plea deals. The consequences extend far beyond the courtroom and affect nearly every angle of your future.
Don’t Wait To Seek Experienced Legal Help
Domestic violence charges are always serious, and they are difficult to defend without the help of an experienced attorney. If you are facing charges, contact me, attorney Daniel Lewin, at The Lewin Law Firm, PLLC, today to protect your rights and maximize your legal options. To schedule your free initial consultation, call my West Palm Beach office at 561-710-2819 or send me an email.