Domestic Violence Defense in West Palm Beach
A domestic violence charge changes things quickly. Within hours of an arrest, you may be locked out of your home, separated from your children, and facing a no-contact order. Cases move fast, and the consequences of a conviction can follow you for years.
If you have been charged with domestic violence in South Florida, the time to act is now. Call Jeacoma Law for a confidential consultation.
24/7
Emergency line
Free
Consultation
500+
Criminal Cases Defended
- Domestic Violence in Florida
What Counts as Domestic Violence Under Florida Law?
Florida defines domestic violence broadly under § 741.28, Fla. Stat. It includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, kidnapping, and false imprisonment, among other offenses, when committed by one family or household member against another.
Family or household members include current and former spouses, people related by blood or marriage, people who live together or have lived together as a family, and parents who share a child, whether or not they were ever married. Except for parents who share a child, the people involved must currently live together or have lived together in the same home. This means an incident with an ex-spouse, an in-law, or a former partner you once lived with can be charged as domestic violence, and a co-parent qualifies even if you never lived together. Dating relationships are addressed separately under Florida’s dating violence law.
The breadth of that definition matters because a heated argument, a physical altercation with a former partner, or an incident involving a co-parent can all fall within the statute. Officers can make an arrest without the alleged victim’s consent, and charges can be filed even if the alleged victim does not want to press charges and even if no physical injury occurred. Florida law requires every State Attorney’s Office to follow a pro-prosecution policy in domestic violence cases, and prosecutors can proceed despite the alleged victim’s objection.
The Consequences of a Conviction
A domestic violence conviction in Florida carries consequences that go well beyond the criminal penalties.
If you are adjudicated guilty and the court finds you intentionally caused bodily harm, Florida law requires a minimum of 10 days in county jail for a first offense. That minimum rises to 15 days if the incident happened in the presence of a child under 16 who is a family or household member.
If you are found guilty, plead guilty or no contest, or have adjudication withheld on a domestic violence offense, Florida law requires at least one year of probation and completion of a certified Batterers’ Intervention Program, which runs a minimum of 29 weeks. The court can decline to order the program only by stating on the record why it would be inappropriate.
Beyond the criminal penalties, a conviction can affect your life in ways that persist long after the sentence is served:
● Your record. A domestic violence case that ends in a finding of guilt or a guilty or no contest plea cannot be sealed or expunged in Florida, even if adjudication is withheld. The outcome of the case is your only protection.
● Your job. Employment background checks will surface a domestic violence conviction.
● Your children. A conviction for a first-degree misdemeanor or higher involving domestic violence creates a rebuttable presumption in family court that shared parental responsibility would be detrimental to the child.
● Your firearms. Under federal law, a conviction for a qualifying domestic violence misdemeanor bars you from possessing firearms. For offenses against a spouse, co-parent, or partner you lived with, that prohibition generally has no end date; for a first offense against a dating partner, it can end after five years. This can be career-ending for anyone in law enforcement, the military, or a job that requires carrying a firearm.
Injunctions and No-Contact Orders
When you are arrested for domestic violence, Florida law requires that you be held until you are brought before a judge at first appearance. You cannot bond out beforehand. At first appearance, the judge will typically order, as a condition of release, that you have no contact with the alleged victim. The judge issues that order before any evidence has been tested and often before you have had the opportunity to tell your side of the story.
Willfully violating that order, even when the alleged victim reaches out first, is a separate first-degree misdemeanor, and you will be held in custody until you see a judge again.
Separately, the alleged victim may seek a domestic violence injunction, commonly called a restraining order. A Florida court can issue a temporary injunction without notice to you if the petitioner’s sworn statements show an immediate and present danger of domestic violence. A temporary injunction lasts no more than 15 days, and a full hearing is set before it expires, giving you the opportunity to contest it.
The injunction process matters to your criminal case. What you say under oath at the injunction hearing can be used against you by the prosecution. You have the right to invoke the Fifth Amendment at that hearing, and in some cases the hearing can be continued until the criminal case is resolved, but those decisions require careful judgment. Andrew Jeacoma handles the criminal case and the injunction hearing together, so that nothing said in one proceeding damages your defense in the other.
Possible Defenses
Every case is different, but several defenses come up regularly in domestic violence cases.
Self-defense is one of the most common. Florida law allows you to use force to defend yourself or another person when you reasonably believe it is necessary to defend against the other person’s imminent use of unlawful force. Florida also provides immunity from prosecution for lawful self-defense. Once you make a prima facie showing at a pretrial immunity hearing, the State must prove by clear and convincing evidence that your use of force was not justified, or the case must be dismissed. A case dismissed on self-defense grounds can also be expunged. Immunity is generally not available to someone who started the confrontation.
False or exaggerated accusations also occur, particularly in contentious breakups, divorces, and custody disputes. When the alleged victim has something to gain from the allegation, their credibility is fair game for examination.
Lack of evidence is a defense when applicable. The State must prove guilt beyond a reasonable doubt. If there are no injuries, no witnesses, and no corroborating evidence, the case may rest entirely on the alleged victim’s account, which can be challenged.
Contradictions in the alleged victim’s statements, changes in their account over time, or evidence that contradicts their version of events has the potential to undermine the prosecution’s case.
Talk to a Domestic Violence Defense Attorney
Being charged is not the same as being convicted. Defenses exist, and the first few days determine which ones are still available.
Call Jeacoma Law today for a confidential consultation. Serving clients throughout South Florida, including Palm Beach, Martin, and St. Lucie counties.
Why Early Intervention Matters
The days right after an arrest matter more than the trial. Evidence is fresh, and witnesses remember what happened. The choices made in the first few days, including what you say to law enforcement, what happens at first appearance, and whether the no-contact order is challenged, can shape the entire case.
An attorney who gets involved early can work to obtain favorable bond conditions, preserve evidence, and begin building a defense before the prosecution gets a head start. If children or custody are involved, early intervention matters even more.
Andrew Jeacoma began his career at the Palm Beach County Public Defender’s Office, handling cases from first appearance forward. He knows how these cases move in the first hours and days, and he makes that early window count. Call (561) 603-2203 today.
- Protect Your Future
Your Domestic Violence Case Can't Wait.
Call before the next hearing, not after. The consultation is free and confidential.