An arrest for domestic violence can turn your world upside down as a Tampa, FL domestic violence defense lawyer who has been rated by Super Lawyers knows well. Whether it involved a heated argument, a misunderstanding, or a moment of lost control, Florida law takes these allegations seriously — even if it’s your first time ever being charged with a crime.
At Stechschulte Nell, we understand the fear, confusion, and disruption that come with a domestic violence arrest. We’ve helped hundreds of clients in your position who faced daunting issues such as seeing their employment being affected by the charges — and we’re here to help you protect your rights, your record, and your future.
What Counts As Domestic Violence?
Under Florida Statute 741.28, domestic violence includes offenses like assault, battery, stalking, and false imprisonment when committed against:
- A spouse or ex-spouse
- A dating partner or cohabitant
- A family member or relative
- A co-parent (someone you share a child with)
Even in cases where no visible injuries occurred, or the alleged victim doesn’t want to press charges, Florida law allows officers to arrest you based on probable cause alone. Remember, domestic violence is different from battery charges.
What Happens After A First-Time Arrest?
Once arrested, you’ll likely be held without bond until your first appearance hearing — usually within 24 hours. At that time:
- The court may issue a no-contact order, preventing you from speaking to or being near the alleged victim.
- You may be barred from returning to your home, even if you live there full-time.
- Your employment or custody rights could be affected immediately.
This is why it’s critical to speak to an attorney as soon as possible after your arrest.
What Are The Penalties?
A first-time domestic violence charge is usually a first-degree misdemeanor, with penalties that may include:
- Up to 12 months in jail
- Up to 12 months of probation
- Mandatory completion of a 26-week Batterer’s Intervention Program
- Community service
- Loss of gun ownership rights
- A permanent criminal record, if convicted
Domestic violence charges are not eligible for sealing or expungement in Florida if you are convicted — even if you’ve never been in legal trouble before.
Possible Defenses & Alternatives
At our firm, we take a proactive and strategic approach to first-time domestic violence cases. Depending on your circumstances, we may be able to:
- Negotiate a dismissal or reduction in charges
- Help you qualify for a Pretrial Diversion Program, which can keep your record clean
- Challenge the validity of the arrest due to lack of evidence, false accusations, or violations of your rights
- Request a modification of the no-contact order so you can return home or resume communication
Every case is unique, and we tailor your defense to the facts — not assumptions.
Discreet, Compassionate Representation
We know you’re not just another case number. At Stechschulte Nell, we approach each client with compassion, discretion, and diligence as our 10.0 Avvo rating demonstrates. Attorney Benjamin Stechschulte brings over 15 years of experience handling criminal defense cases across Florida, and he’s built a reputation for treating clients with respect while aggressively protecting their rights in and out of court.
If you’ve been arrested for domestic violence, don’t wait to get the legal help you need. The sooner you involve an attorney, the more options you may have to resolve the case favorably. Contact us today for help.
