Defending Domestic Violence Charges

Immediate Action Notably Necessary in Domestic Violence Cases

An aggressive defense starts well before the courtroom. The choice of defense attorney is critical, and selecting an attorney should be the first step. A capable lawyer – like those at Stechschulte Nell – knows the urgency required of domestic violence cases, and will quickly take actions like those below to orchestrate the best possible outcome. Our Tampa, FL domestic violence attorney can engage in these immediately, even on the weekends. Learn more about how our law firm defends domestic violence criminal charges.

How Our Attorney Defends Domestic Violence Cases

Immediate Bond Review

When most people get arrested and booked, bond is set and the defendant can be released within 8-12 hours. In cases involving domestic violence, it is court ordered that there be no bond so set until the defendant goes in front of a judge. Consequentially, most people arrested for domestic violence stay in jail for at least 24-48 hours.

Calling our Tampa domestic violence law firm means you’ll have an experienced attorney who can go to court during the first appearance to argue for immediate bond and could present reasons why there should be no bond. Involving an attorney early in the process can drastically reduce time spent in jail.

No Contact Order

It is typical for the judge to issue a “no contact” order between the accused and alleged victim when setting a bond or releasing the defendant from jail in domestic violence cases. The “no contact” order prevents the parties from being near each other or having any correspondence.

While the accused cannot speak to the victim, the attorney can. If appropriate, Attorney Ben Stechschulte can argue to lift the “no contact” order to allow visitation with family and children. At the very least, our law firm can facilitate communication.

Verify Evidence

Fast action from a domestic violence attorney will also help to verify evidence, or lack thereof. A lot of evidence in domestic violence involves medical state, which changes rapidly.

For instance, domestic battery via strangulation is a low-level felony, but it sounds terrible, looks bad on a record and is aggressively prosecuted. A good defense attorney will fight to change the charge if there is no evidence consistent with it.

At our Tampa criminal law firm, we believe every defendant deserves an aggressive defense to protect their rights.

Experience Helps Mitigate Circumstances in Eyes of Prosecutors

It is a huge advantage to select an attorney with experience as a prosecutor. Ben Stechschulte is a former prosecutor and now board-certified Florida criminal trial defense lawyer. Our attorney has the advantage of knowing how a prosecutor thinks and can use that knowledge to build the strongest possible case.

For instance, an attorney may suggest anger management classes or counseling if they believe the prosecutor would respond favorably based upon previous behavior.

Long-Term Consequences of Domestic Violence

The long-term consequences of a domestic violence charge are grave. A domestic violence record can affect employment, professional license status, concealed carry permits and even the ability to own a firearm.

Worse yet, unlike most misdemeanor crimes, a domestic violence record cannot be expunged or sealed. Even if a withhold of adjudication verdict is rendered (which is essentially a non-conviction), the domestic violence charge will remain and cannot be removed.

Work the System to Your Advantage

Do not leave the outcome to chance. Every defendant deserves an aggressive defense to protect their rights. It is the only way to get charges dropped or reduced before the case gets to court. If evidence is strong and a trial inevitable, the services of a capable attorney are even more important.

Board Certified Trial Attorney with Domestic Violence Experience

With everything at stake in a domestic violence case, why settle for less than the best. A Board Certified Trial Attorney has demonstrated and proven their skill by exam and peer review. In Florida, less than two percent of practicing attorneys have received certification.

Attorney Ben Stechschulte is Board Certified Trial Attorney and a former prosecutor. He has successfully defended hundreds of domestic violence cases with a proactive approach.

Call for a free consultation at our South Tampa, Florida law firm.

Domestic Violence FAQs

Dealing with a domestic violence charge is indescribably overwhelming. We provide clear, honest answers to the questions people commonly ask when looking for legal help. Our Tampa domestic violence lawyer believes in the importance of keeping you informed. You can always come to us with questions about your rights, options, and what to expect. Here’s what our clients want to know most.

What Is The New Domestic Violence Law In Florida?

Florida Statute 741.29 now requires law enforcement to go beyond arrests when there’s a suspected domestic violence incident. Officers must offer medical help, inform victims about local support centers, conduct a lethality assessment, and give a standardized form that explains legal protections—even if no arrest is made.

The new law also protects the confidentiality of the lethality assessment forms by exempting them from public record—only designated agencies like domestic violence centers and state attorneys can access them. These changes took effect in 2025 to improve victim safety and response.

Can You Get A Job With A Domestic Violence Charge?

Yes, but it depends.

Employers typically run background checks. A domestic violence conviction—especially one involving injury or a weapon—can limit options in fields like education, healthcare, and security. If the charge was dropped or expunged, it may not show up publicly. Either way, it’s wise to consult your defense lawyer early on to minimize impact and explore record-sealing or expungement.

How Do You Get A Dismissed Domestic Violence Charge Off Your Record?

When a case is dismissed, that doesn’t always erase the record. To fully remove it, you must apply for an expungement through the Florida Department of Law Enforcement.

Eligibility typically requires no prior felonies or other domestic violence convictions. The process involves submitting forms, fingerprinting, and possibly attending a hearing. Having our experienced Florida domestic violence lawyer handle this can smooth the paperwork and increase your chances of approval.

Who Are The Typical Offenders Of Domestic Abuse?

Domestic violence isn’t limited to any one profile—it affects people across every background. Charges can involve spouses, domestic partners, former partners, family members, or room-sharing adults.

While stressors like financial pressure or substance use can contribute, our experience shows cases often involve misunderstandings or heated moments that escalate. Each person has their own story, and we treat every case as individual rather than fitting you into a stereotype.

When Should I Contact A Defense Lawyer?

Contact us as soon as there’s any threat of arrest, police questioning, or a filed injunction. Early action matters—a quick response helps us gather facts, preserve evidence, and advise you on how to interact with law enforcement.

We’ll explain your rights, handle paperwork, and build a defense strategy. If you wait until after arrests or orders are issued, it’s much harder to limit the consequences.

Get Strong And Practical Legal Support

Domestic violence charges carry serious legal consequences. At Stechschulte Nell, we’re committed to protecting your rights and your reputation. With compassionate guidance, clear communication, and a thorough understanding of your situation, we work hard to achieve the best outcome. If you’re facing accusations or legal paperwork, please reach out now to discuss your case with our Tampa domestic violence attorney who can help you take the next right step.