A domestic violence arrest in Florida is different from almost any other criminal charge. The moment you are arrested, a mandatory no-contact order is typically put in place — meaning you may not return to your home, contact your children, or communicate with the alleged victim in any way while the case is pending. A conviction has consequences that extend far beyond the criminal sentence: loss of the right to possess firearms under federal law, permanent criminal record ineligible for sealing, immigration consequences, and collateral impact on family law proceedings including custody and timesharing.
John Phillips personally handles criminal defense at Phillips, Hunt & Walker, including domestic violence charges. He has defended serious cases across Northeast Florida and is a regular legal commentator on court television — a distinction that reflects not just media profile but genuine, nationally-recognized criminal law expertise. And at Phillips, Hunt & Walker, criminal defense and family law live under the same roof: when a domestic violence charge intersects with a pending custody or divorce matter, John and Matt Hunt coordinate across both practice areas to protect you on every front.
If you have been arrested for domestic violence in Jacksonville, call (904) 444-4444) immediately.
What Florida Law Defines as Domestic Violence
Florida’s domestic violence statute is § 741.28, Fla. Stat. Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
“Family or household member” includes spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have ever been married or lived together.
The breadth of this definition means domestic violence charges can arise from incidents involving current or former intimate partners, roommates, adult children and parents, siblings, and co-parents who have never lived together.
The Mandatory Arrest Policy
Under § 741.29, Fla. Stat., Florida law enforcement officers are required to make an arrest when there is probable cause to believe domestic violence has occurred, regardless of whether the alleged victim wants the person arrested. Officers responding to a domestic call do not need the alleged victim’s cooperation to make an arrest — they only need probable cause.
This mandatory arrest policy has predictable consequences: arrests frequently occur based on one-sided accounts, in situations where the alleged victim immediately regrets calling law enforcement, and in circumstances where the physical evidence is ambiguous or entirely absent. The arrest decision is made quickly, in a charged emotional environment, based on limited information. The criminal case that follows deserves much more careful analysis.
Mandatory No-Contact Conditions at First Appearance
In most Jacksonville-area domestic violence arrests, a no-contact order is entered as a condition of bond at the defendant’s first appearance — typically within 24 hours of arrest. This order prohibits you from contacting the alleged victim directly or indirectly, by any means, and may prohibit you from returning to a shared residence.
The no-contact condition can be modified, but only by the court — not by agreement between the parties. If the alleged victim contacts you first, your obligation to comply with the no-contact order does not change. Violations of no-contact conditions are prosecuted as additional criminal offenses and typically result in revocation of bond.
We appear at first appearance hearings when possible and request appropriate modification of no-contact conditions. We work to get you back to your home and your family as quickly as the process allows.
Criminal Domestic Violence: Charges and Penalties
Most domestic violence charges in Florida are charged as battery-related offenses:
Domestic Battery — First-degree misdemeanor for a first offense, punishable by up to 1 year in jail, 12 months probation, and a $1,000 fine. A second domestic battery conviction is a third-degree felony.
Aggravated Battery (Domestic Context) — Second-degree felony, punishable by up to 15 years in prison when the battery causes great bodily harm, uses a deadly weapon, or is committed against a pregnant victim.
Domestic Battery by Strangulation (§ 784.041(2), Fla. Stat.) — A third-degree felony carrying up to 5 years in prison. Florida specifically criminalizes impeding the normal breathing or circulation of blood of a household member by applying pressure to the throat or neck or blocking the nose or mouth. This charge is aggressively prosecuted even when the victim has no visible injury.
Stalking and Cyberstalking — Stalking (§ 784.048) involves willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. Aggravated stalking involves a credible threat. Stalking charges frequently arise in the context of separation and custody disputes.
Mandatory Sentencing for Domestic Battery Conviction
A conviction for domestic battery, even a first offense, carries specific mandatory requirements under Florida law:
- Minimum 5 days in county jail if the person was convicted of intentional physical injury to the victim
- Completion of a Batterers’ Intervention Program (BIP) — a 29-week treatment program
- No possession of firearms or ammunition (federal law, 18 U.S.C. § 922(g)(9))
- Cannot be sealed or expunged from the criminal record under Florida law (§ 943.0585)
The permanent, non-expungeable nature of a domestic battery conviction is one of the most important reasons to fight the charge rather than accept a plea without fully evaluating the defense.
Injunctions for Protection: The Civil Side of Domestic Violence
Separate from the criminal case, an alleged victim may file for an injunction for protection against domestic violence in circuit court under § 741.30, Fla. Stat. A temporary ex parte injunction can be entered the same day it is filed — without the respondent being present or notified. The temporary injunction may prohibit you from your home, your workplace, or contact with your children.
A final injunction hearing is scheduled within 15 days. You have the right to appear and contest the injunction. If the injunction is entered over your objection, it becomes a permanent court order with criminal enforcement consequences for any violation. We appear and defend injunction hearings and cross-examine the petitioner on the factual basis for the injunction.
A domestic violence injunction in your record affects family law proceedings — courts consider injunction history in timesharing and parental responsibility determinations under § 61.13, Fla. Stat.
Defenses in Domestic Violence Cases
False Accusation — Domestic violence charges are sometimes filed as a tactical maneuver in a contentious separation or custody dispute. We investigate the circumstances of the complaint, the parties’ relationship history, any pending or anticipated family law proceedings, and any motive the alleged victim may have to fabricate or exaggerate.
Self-Defense — A defendant who was the victim of an attack and used proportionate force to defend themselves has a valid self-defense claim. In domestic violence cases, determining who was the primary aggressor is critical. Physical evidence — injuries, the positions of the parties, the sequence of events — informs this analysis.
Lack of Physical Injury or Corroboration — When the only evidence is the alleged victim’s statement and there is no physical injury, no 911 call, no witnesses, and no other corroboration, the prosecution’s case is built entirely on credibility. We evaluate and challenge credibility aggressively.
Victim Recantation — When an alleged victim recants their prior statement or refuses to cooperate with the prosecution, the prosecution must decide whether to proceed with available evidence or dismiss the charges. We work through the facts of each case to maximize the impact of victim non-cooperation on the prosecution’s ability to prove its case.
Constitutional Challenges — Evidence obtained through an unlawful entry of the home, an arrest without probable cause, or a statement taken in violation of Miranda rights is subject to suppression. We challenge the constitutional validity of the stop, arrest, and any statements obtained.
The Intersection of Criminal and Family Law
When a domestic violence arrest occurs during or in anticipation of a separation or divorce, both the criminal case and any family law proceedings proceed simultaneously — and each affects the other. A criminal conviction is admissible in family court. An injunction entered in a domestic violence case will be weighed by the family court in timesharing determinations.
Phillips, Hunt & Walker practices both criminal defense and family law. We provide coordinated representation that accounts for both dimensions — protecting your criminal record while also protecting your relationship with your children. This integrated view is not available at most firms.
Frequently Asked Questions: Jacksonville Domestic Violence Defense
Can the domestic violence charges be dropped if the victim recants?
The State Attorney’s Office makes the decision to prosecute — not the victim. If the victim recants, the prosecution may continue with other evidence, subpoena the victim to testify, or use the victim’s prior statements if admissible under an exception to the hearsay rule. A recantation is not a guaranteed dismissal. However, it significantly affects the prosecution’s ability to prove its case and often leads to reduced charges or dismissal. We evaluate each case carefully.
Will a domestic violence charge show on my background check?
An arrest for domestic violence appears on your criminal history record. A conviction for domestic battery cannot be sealed or expunged under Florida law — it is permanently accessible on background checks. This makes the decision of whether to fight the charge or accept a plea one of the most consequential decisions you will make.
Can I contact my partner while the no-contact order is in place?
No. A no-contact order entered by the court is a court order. Violating it — even if the alleged victim initiates contact, even if it’s just a text message — is a criminal offense. The alleged victim cannot waive the court order; only the court can modify it. We routinely move to modify no-contact conditions when appropriate.
Does a domestic violence conviction affect my custody rights?
Yes, significantly. Under § 61.13(2)(c)2, Fla. Stat., evidence of domestic violence is a factor the court considers in timesharing determinations, and there is a rebuttable presumption that ordering timesharing to a person who has been convicted of domestic violence is not in the best interest of the child. A conviction can result in supervised timesharing or significant restrictions on parental contact.
I was the one who actually called the police, but I was the one arrested. What happened?
Under Florida’s mandatory arrest policy, officers are trained to identify and arrest the “primary aggressor” — not simply the person who called. In practice, physical evidence (injuries, size disparity, property damage) and the officer’s on-scene assessment determine who is arrested. If you called for help and were arrested instead, you may have a strong self-defense claim. Contact us immediately.
Phillips, Hunt & Walker | (904) 444-4444 | Jacksonville Domestic Violence Defense — Criminal and Family Court Coordination