Jacksonville Domestic Violence Defense Lawyer

Florida Statutes Section 741.28 defines domestic violence as violence committed against a family member or household member.

Qualifying acts of violence include:

• Assault or aggravated assault
• Battery or aggravated battery
• Sexual assault and/or battery
• Stalking or aggravated stalking
• Kidnapping
• False imprisonment
• Any other act of violence is resulting in a physical injury against another family or household member.

Florida law recognizes and protects members of the household as well as ex-spouses and roommates who may have once lived in the household but no longer reside there.

This includes the following individuals:

• Spouse or ex-spouse
• Children
• Co-parents
• Roommates
• Blood relatives

What to Do After a Domestic Violence Arrest

Because Florida law enforcement officers are legally required to arrest a suspect when they believe domestic violence has occurred, you can be taken to jail. Cooperate with the officer by answering questions to identify yourself, but do not volunteer any apology or admission of guilt. Do not sign any statement. You have the right to remain silent and are entitled to speak with an attorney prior to giving any statement. Anything you say during the volatile period of an arrest can incriminate you and be used against you.

Do not interact with the partner accusing you and comply with the officer’s instructions as you are removed to and placed in the squad car. Go over your mental notes about what transpired, so you can recount the circumstances to the attorney you contact from jail or if you are released on bond. In Florida, you may or may not be eligible for immediate release on bond. The Jacksonville domestic violence defense attorneys at the Law Offices of Jason K.S. Porter, P.A., are the most experienced defenders in the area. When your future is in flux due to criminal charges, call for a free consultation and let us restore clarity and certainty.

Arrest to Resolution: What to Expect After a Domestic Violence Accusation

Once you are transported to the Duval County Jail, you will be booked into the system, charged with domestic violence, and fingerprinted. Alternatively, you may be arrested and given a notice to appear in court before being booked. You are required to make a first appearance before a judge within 24-48 hours, and if you fail to appear after notice, a bench warrant will be issued for your arrest.

At the first appearance, the judge reviews the terms of your arrest to determine if the officer had probable cause to do so. The judge has the discretion to set a suitable bond or deny one. The judge can also issue a no-contact order with the accuser, and other restrictions may be levied.

The State Attorney’s Office will review any evidence and decide whether to bring formal criminal charges against you. The prosecutor can proceed even if your accuser protests and refuses to cooperate.

You will receive a court date for an arraignment if the prosecutor files charges. At your arraignment, the judge will read the formal charges, and you will enter a plea of not guilty, guilty, or no contest, which means you accept the conviction without admitting guilt.  

Pretrial proceedings include plea bargaining with the prosecutor, discovery, and filing motions, for example, to suppress tainted evidence. This period stands for trial preparation during which your attorney interviews witnesses, gathers and interprets evidence, and builds the strongest case possible in your favor.

The conclusion of your case occurs when a trial is held or a plea deal is struck. Some cases are dismissed because the evidence is lacking or because fatal procedural errors were made. The jury will determine your guilt or innocence, and you will be immediately dismissed from proceedings after a not guilty verdict or return to court within 90 days for sentencing if the jury votes you guilty. A Jacksonville domestic violence attorney protects your rights throughout the process, always working toward your exoneration and freedom.

Penalties of Domestic Violence Convictions

A domestic violence victim can file a petition requesting an injunction for protection against domestic violence, which may order the alleged abuser to:

• Stop committing further abuse
• Leave the home
• Surrender their firearms
• Stay away from the victim’s residence, school, and workplace
• Penalties for Domestic Violence Convictions

If the alleged abuser is a mother or father, he or she may be ordered to relinquish custody of his or her children and may be ordered to pay child support.

If convicted of domestic violence, the offender faces:

• Restraining order
• Incarceration
• Permanent criminal record
• Probation
• Completion of a batterer’s intervention program
• Community control

If you are charged with domestic violence as well as another offense on top of it, such as sexual assault, you may face strict penalties resulting in jail time. In general, penalties associated with domestic violence fall under two categories, misdemeanors and felonies. For most misdemeanor charges, you can expect to serve anywhere from 60 days to a year in prison. Felony charges can result in prison sentences of up to 5 years. Due to the severity of this, it’s critical to call our domestic violence defense lawyers in Jacksonville for trial-tested legal representation.

Impact of a Domestic Violence Conviction Beyond Incarceration

Many people believe that once they pay the price of a domestic violence conviction, they are free to resume their lives. But there are additional penalties to consider. Even with a misdemeanor on your record, the stigma can affect the way your friends and employers treat you, not to mention how your family could be ashamed and embarrassed, even if questions by others are well-meaning.

With a felony conviction, you will have trouble securing a job, housing, and a bank loan if decision makers believe your violent temper could impact others. If you are a student, you could lose your college student loans and be reprimanded or expelled from your university. You also forfeit your right to vote and own a firearm. Hidden consequences make it imperative to contact our domestic abuse defense lawyers at Problems? Pick Porter!™ in Jacksonville.

Possible Defenses for Your Case

When you retain our legal services, you will receive a plan of action that is tailored to your unique circumstances. However, there are common defense strategies that are utilized in domestic violence cases in Jacksonville. These include:

• The use of self-defense: You may legally use reasonable force to protect yourself or others. The fine line revolves around “reasonable force”. This is where you will need an attorney.
• Personal agenda: There may be multiple reasons as to why someone in your household is accusing you of violence. Their agenda may differ based on their desires. This is often seen when child custody is at stake.
• There is a lack of evidence: If the prosecution cannot provide sufficient evidence, your case leans heavily in your favor.
• Alibi: If we can demonstrate that you were not present during the time of the allegations, your case will lean in your favor.

Facing Domestic Violence Charges in Jacksonville? Contact Our Team

Being accused of domestic violence can feel overwhelming and life-altering. The legal process is complex, and the consequences can be severe—impacting your reputation, custody of your children, and even your ability to remain in your home. At Problems? Pick Porter!™, we understand the fear, stress, and uncertainty you may be experiencing.

Our team is dedicated to providing aggressive legal defense while offering compassionate support to help you through this difficult time. Every jurisdiction has unique laws and procedures, and Jacksonville is no exception. Our deep understanding of the local legal landscape allows us to craft a strategy tailored to your circumstances. We know what’s at stake and can work tirelessly to defend your future.

At Problems? Pick Porter!™, our goal is to help you navigate your domestic violence case with confidence and clarity. Contact us today for a free consultation to discuss your situation and take the first step toward defending your rights and future.