Tampa Domestic Violence Defense Lawyer
Board-Certified Criminal Defense Attorney in Tampa, FL
Being accused of domestic violence can instantly turn your world upside down. Even if you’re innocent, an arrest can jeopardize your career, your family, and your reputation. At Stechschulte Nell, our lead attorney Ben Stechschulte is a board-certified criminal trial lawyer — a distinction earned by fewer than 2% of Florida attorneys. As a former prosecutor, he knows exactly how the State builds its case and how to challenge it from the inside out.
We approach every case with one priority: protecting your freedom and your future. You are more than an accusation — you are a person with a story that deserves to be heard.
How We Can Help You
Domestic violence cases often begin from a misunderstanding, emotional argument, or exaggerated police report. Under Florida Statute § 741.28, domestic violence includes assault, battery, stalking, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another. This definition is broad — it can involve spouses, ex-partners, parents, children, siblings, roommates, or anyone living in the same household.
Our Tampa defense team provides immediate, strategic action from the moment you contact us. We:
- Intervene early to prevent formal charges when possible.
- Protect your rights during police questioning and investigation.
- Challenge unlawful searches or seizures that may have violated your constitutional rights.
- Analyze all available evidence, including 911 calls, witness statements, and medical records.
- Advocate for dismissal or reduced charges when the evidence doesn’t meet Florida’s legal standards.
When emotions are high, even an innocent argument can be misinterpreted. We focus on bringing the full story to light and ensuring one incident does not define your life.
What To Expect in a Florida Domestic Violence Case
1. Arrest and First Appearance
Police responding to a domestic disturbance often make an immediate arrest — sometimes without hearing both sides. Within 24 hours, you will appear before a judge who decides bond and possible no-contact orders. We argue for fair release conditions and work to modify any restrictions that disrupt your family or employment.
2. Filing of Formal Charges
The State Attorney’s Office reviews the police report to determine if charges will proceed. Early legal representation can sometimes persuade prosecutors to drop or reduce charges before filing.
3. Discovery and Pretrial Motions
Our firm reviews all evidence, requests surveillance or text records, and files motions to suppress unlawfully obtained evidence. Identifying inconsistencies or procedural mistakes can weaken the State’s case dramatically.
4. Negotiation or Trial
We pursue all opportunities for dismissal, diversion, or reduced penalties, but we also prepare every case as if it will go before a jury. Preparation is leverage.
Defense Strategies We Commonly Use
Every domestic violence allegation is unique. Our strategies may include:
- Challenging the credibility of the accuser or highlighting contradictory statements.
- Demonstrating lack of intent or that the act was accidental.
- Presenting evidence of self-defense or mutual confrontation.
- Revealing ulterior motives, such as custody disputes or financial leverage.
- Questioning witness reliability or investigating improper police procedures.
- Seeking diversion programs like anger-management or counseling when appropriate.
By analyzing every element — from 911 recordings to medical evidence — we identify the weaknesses that create reasonable doubt.
Consequences of a Domestic Violence Conviction
A conviction under Florida law carries both criminal and collateral penalties, including:
- Jail or probation (up to one year for a first-degree misdemeanor)
- Mandatory completion of a Batterer’s Intervention Program
- Loss of firearm ownership rights under federal law
- A permanent criminal record that cannot be sealed or expunged
- Restrictions on housing, employment, and professional licenses
- Custody and visitation complications in family court
Even a withheld adjudication still creates lasting stigma. Our job is to protect you from these consequences by challenging the prosecution’s case at every step.
Long-Term Impacts and Why Immediate Action Matters
Domestic violence accusations trigger automatic public records, meaning employers and landlords can see the charge even before conviction. Quick legal intervention may allow us to petition for dismissal or participate in pre-trial diversion that avoids a permanent mark on your record.
We also help clients address collateral issues such as professional-license defense, restraining-order modifications, and rebuilding reputation after dismissal. Our proactive approach often minimizes both legal and personal fallout.
Florida-Specific Insights
Domestic violence law in Florida differs from many states in that prosecutors — not alleged victims — decide whether to pursue charges. This means that even if the alleged victim recants, the State can still prosecute. Understanding how Hillsborough County handles these policies is crucial.
Our firm regularly appears in Tampa and Plant City courthouses, giving us insight into how local judges and prosecutors interpret evidence, bond terms, and plea offers. This localized experience often determines whether a case is dismissed, reduced, or pursued aggressively.
How a Board-Certified Defense Lawyer Makes a Difference
Board certification in criminal trial law requires years of courtroom experience, peer review, and a rigorous exam. Attorney Ben Stechschulte’s dual background — as both former prosecutor and board-certified defense lawyer — allows him to anticipate prosecutorial tactics and build targeted counter-arguments.
Clients benefit from that experience through more strategic negotiations, better pre-trial motions, and stronger representation before judges and juries.
Client-Centered Representation
At Stechschulte Nell, we believe an effective defense starts with understanding our clients as individuals. We take time to learn your side of the story, review your personal and professional circumstances, and craft a strategy that protects what matters most.
Our guiding principles:
- Communication – You receive regular updates and honest assessments.
- Preparation – Every case is treated as if it will go to trial.
- Respect – You’re treated with dignity, not judgment.
Tampa Domestic Violence Defense Infographic
Tampa Domestic Violence Statistics
Domestic violence charges can include physical assault, emotional abuse, harassment, stalking, and violations of protection orders. As the issue of domestic violence continues to be a major concern, understanding the statistics behind domestic violence defenses can provide insights into the legal landscape.
- Prevalence of Domestic Violence Charges: Domestic violence is prevalent across the United States, with 1 in 4 women and 1 in 9 men experiencing severe intimate partner violence. Domestic violence charges are common, with an estimated 20% of all criminal cases involving domestic violence allegations.
- Defenses In Domestic Violence Cases: Common defenses used in domestic violence cases include self-defense, false accusations, and lack of evidence. The defense often argues that the accused acted in self-defense during an altercation or that the allegations were fabricated. Self-defense is often cited in cases where the accused claims they were protecting themselves from an abuser.
- Impact Of False Allegations: False allegations of domestic violence are a concern, with some estimates suggesting that about 2-10% of all domestic violence allegations may be false or exaggerated. These false accusations can significantly affect the accused, leading to wrongful charges and the legal complexities involved in the defense.
- Conviction And Sentencing Rates: Domestic violence cases have relatively high conviction rates, with a 50-60% conviction rate for those accused of domestic violence, particularly in cases involving physical injuries or violations of protection orders. Sentencing can vary widely, with penalties ranging from fines and probation to imprisonment, depending on the severity of the offense.
The following charts illustrate key trends: 
Domestic Violence FAQs
Our Tampa domestic violence defense attorney understands that being accused of domestic violence can have devastating consequences — not only legally but also emotionally and personally. Allegations often affect child custody, visitation, and parental decision-making rights. Florida courts take these claims seriously, and your response strategy matters. Knowing what to expect and how to protect your parental rights is essential to maintaining your relationship with your child.
For personalized guidance, we offer free, confidential case reviews to help you take the right next steps.
How Do Domestic Violence Charges Influence Custody Decisions?
Florida courts prioritize the best interests of the child above all else. When domestic violence charges arise, judges must evaluate whether the accused parent poses any risk to the child or the other parent.
Depending on the facts, the court may order:
- Supervised visitation or limited contact with the child.
- Temporary restrictions on decision-making authority.
- Completion of anger-management or parenting programs.
However, these outcomes are not automatic. With experienced legal representation, your attorney can demonstrate that the charges do not reflect a pattern of dangerous behavior, helping preserve your role in your child’s life.
Can I Lose Custody Completely Because of Domestic Violence Allegations?
In serious cases, yes — courts can award sole custody to the other parent if they believe the child’s safety is in danger. But this is not a guaranteed outcome. Judges consider:
- The credibility of the allegations.
- Whether the charges resulted in a conviction or were dismissed.
- Evidence of rehabilitation, cooperation, or voluntary counseling.
- Your relationship and prior involvement in your child’s upbringing.
Even when allegations are severe, many parents retain some level of parenting time after showing the court that they pose no ongoing threat. Having a defense attorney who understands both criminal and family-law procedures is key to protecting those rights.
Does It Matter If the Charges Involve the Other Parent or Someone Else?
Yes. The identity of the alleged victim can influence how the court views the situation.
If the accusation involves the other parent, the court may view it as a direct threat to the stability of the child’s home environment. If it involves someone else — for instance, a roommate, relative, or unrelated individual — it can still raise questions about your judgment and emotional control, but it may not carry the same weight in custody proceedings.
Regardless of the circumstances, your attorney can present mitigating evidence showing that your child’s safety and emotional well-being remain secure under your care.
What Evidence Can I Provide to Defend My Custody Rights?
Solid evidence is often the deciding factor in preserving custody rights. Helpful materials may include:
- Witness statements from neighbors, teachers, or family friends.
- Character references from employers or community members.
- Documentation of positive involvement — report cards, photos, or texts showing consistent parenting.
- Proof of compliance with court orders or counseling.
- Evidence challenging false or exaggerated claims, such as messages or video footage.
The goal is to demonstrate that you are a responsible, safe, and nurturing parent whose continued involvement benefits the child’s emotional development.
Can I Regain Custody After the Domestic Violence Charges Are Resolved?
Yes. Florida courts often allow parents to regain custody or expand visitation once they show compliance and improvement. Completing court-ordered programs such as anger-management, therapy, or substance-abuse treatment helps prove your commitment to positive change.
If the charges were dismissed or resolved in your favor, your attorney can file motions to modify existing custody orders. Consistent documentation, proof of stability, and professional legal advocacy all help rebuild the court’s trust in your parenting capability.
Can I See My Kids While the Case Is Pending?
In many cases, judges issue temporary “no-contact” or “no-shared residence” orders immediately after an arrest. This can prohibit in-person contact with the other parent and, by extension, the children.
Your lawyer can request a bond-hearing modification or file a motion to amend the no-contact order to allow supervised visitation or monitored communication with your children. Acting quickly is essential — the earlier the court sees responsible behavior and legal compliance, the more likely it is to restore contact sooner.
What Should I Do Immediately After Being Accused of Domestic Violence?
Stay calm and contact a criminal defense attorney before speaking to anyone about the allegations. Do not contact the alleged victim or attempt to explain your side directly — this can violate court orders and worsen your case.
Instead, begin gathering:
- Text messages or emails that show context of the incident.
- Witness names who can confirm what actually happened.
- Evidence of prior peaceful interactions or successful co-parenting.
Prompt legal action can sometimes prevent formal charges, modify restraining orders, and protect your parental rights early in the process.
Let Us Help
Domestic violence charges can significantly impact your custody rights, but they don’t necessarily mean losing your relationship with your child. Understanding the legal process and taking proactive steps to address the situation can make a difference.
At Stechschulte Nell, we are dedicated to protecting your rights and helping you work toward a resolution that prioritizes your child’s best interests. Attorney Amy Nell has practiced law for over 10 years in the Tampa Bay area. Contact our domestic violence lawyer in Florida today for a consultation and let us help you move forward.
Tampa Domestic Violence Defense Glossary
At Stechschulte Nell, our experienced DV defense lawyers are dedicated to protecting your rights and defending your future. Below is a glossary of essential legal terms and concepts often encountered in domestic violence cases to help you better understand your situation.
Injunction For Protection
An injunction for protection, commonly referred to as a restraining order, is a court order designed to protect an individual from harm or harassment by another person.
In domestic violence cases, an injunction may prohibit contact, enforce a specific distance between parties, or remove the accused from a shared residence. Violating an injunction can result in additional criminal charges. Our attorneys at Stechschulte Nell work to ensure that these orders are issued fairly and without undue restrictions.
No-Contact Order
A no-contact order is issued by the court as a condition of bail or during an ongoing domestic violence case. This order prohibits the accused from contacting the alleged victim through any means, including phone calls, text messages, social media, or third parties.
Violating a no-contact order can lead to severe penalties, including revocation of bail. We strive to advocate for reasonable terms in these orders to prevent undue hardship.
Battery
Battery in the context of domestic violence refers to the intentional and unlawful touching or striking of a family or household member against their will, or causing bodily harm.
A simple argument can escalate into allegations of battery, even in the absence of visible injuries. Our team examines the facts closely to challenge the prosecution’s evidence and highlight any discrepancies in witness accounts.
False Allegations
False allegations occur when accusations of domestic violence are made without factual basis, often as a result of personal conflicts, custody disputes, or attempts to gain leverage in a legal matter.
False accusations can still lead to arrests and charges, requiring thorough investigation to reveal inconsistencies. At Stechschulte Nell, we are committed to exposing false claims and protecting our clients’ reputations.
Diversion Programs
Diversion programs provide an alternative to prosecution for first-time offenders or individuals accused of non-violent offenses. Participation in these programs often involves counseling, anger management classes, or community service.
Successful completion may result in charges being dropped. We work to secure diversion program opportunities for eligible clients to minimize the impact of domestic violence allegations on their lives.
Stechschulte Nell, Tampa Domestic Violence Defense Lawyer
1105 W Swann Ave, Tampa, FL 33606
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Contact Our Tampa Domestic Violence Defense Team
If you’ve been arrested or accused of domestic violence in Tampa, don’t wait to seek help. The sooner you involve an attorney, the better your chances of a favorable outcome.
Call Stechschulte Nell today for a confidential, free consultation. We’ll listen to your story, explain your options, and begin protecting your rights immediately.
Your future, family, and reputation are too important to leave to chance — let a board-certified Tampa criminal defense lawyer stand between you and the consequences of an accusation.
