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Domestic violence cases move faster than almost any other criminal charge. A judge can issue a no-contact order within hours, barring you from your own home, your partner, and even your children, before you have said a single word in your defense.
Prosecutors in Duval County pursue these cases aggressively, often with specially trained attorneys, and they begin building against you immediately.
At Weldon Law Group, PLLC, our Jacksonville domestic violence attorneys defend the accused across Northeast Florida, and we move quickly to protect your rights from the first hearing forward. Attorney Ian Weldon spent more than a decade as a trial lawyer in the Jacksonville Public Defender’s Office, so he knows how these cases are charged and where they can be challenged.
Under Fla. Stat. §741.28, domestic violence is not a single offense. It is any of several crimes, including assault, battery, aggravated assault or battery, battery by strangulation, stalking, kidnapping, or false imprisonment, when committed against a family or household member.
That category is broader than many people expect. It includes current or former spouses, people related by blood or marriage, people who live together or once did as a family, and people who share a child in common. Violence between partners who are dating but have never lived together is generally handled under Florida’s separate dating violence provisions rather than this statute.
Because the definition is so wide, an ordinary argument that turns physical, even briefly and even with no serious injury, can become a criminal charge. What makes these cases distinct is not the underlying act. It is the domestic violence label attached to it, which changes everything that follows.
On paper, a domestic battery is a first-degree misdemeanor. In practice, the domestic violence flag transforms it into one of the most consequential misdemeanors in Florida law, with penalties that an ordinary battery never carries.
This is the single most important thing to understand, and the one most people never hear until it is too late. Under Florida law, a domestic violence offense can never be sealed or expunged, and that bar applies even when adjudication is withheld.
In plain terms, pleading to a domestic battery to “put it behind you,” even without a formal conviction, leaves a permanent, public record that follows you for life. The only ways to keep your record clean are a dismissal, an acquittal, or a resolution to a charge that is not classified as domestic violence. That reality drives the entire defense strategy, and it is why an early plea is so often the wrong move. Understanding what can and cannot be cleared later is central to any expungement strategy.
A domestic violence conviction also triggers consequences a judge cannot waive:
One of the most confusing parts of a domestic violence case is the orders involved, because there are two different kinds, and they come from different courts:
Two points about the no-contact order catch people off guard, and both can create brand-new criminal charges:
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The charge, and the exposure that comes with it, depends on what is alleged and on your history. The table below shows the most common charges:
Charge | Classification | Maximum exposure |
Domestic battery | First-degree misdemeanor | Up to 1 year in jail and a $1,000 fine, plus mandatory jail if bodily harm was intentionally caused |
Second domestic battery | Third-degree felony | Up to 5 years in prison and a $5,000 fine |
Battery by strangulation | Third-degree felony | Up to 5 years in prison and a $5,000 fine |
Aggravated battery | Second-degree felony | Up to 15 years in prison and a $10,000 fine |
Violating a no-contact order | First-degree misdemeanor | Up to 1 year in jail and a $1,000 fine |
Beyond the sentence, a conviction can cost you custody or time with your children, housing, employment, and, for many, a professional license. The stakes reach into nearly every part of your life.
An accusation is not proof, and the state still has to prove its case beyond a reasonable doubt. Depending on the facts, defenses may include self-defense or defense of others, a lack of intent where contact was accidental, the absence of any injury or credible threat, and insufficient or unreliable evidence. Each depends on a close look at what actually happened, not just what the police report claims.
In many domestic cases, the accusation itself is the problem. Charges frequently arise during bitter breakups, divorces, or custody fights, where one person has a powerful motive to exaggerate or invent an incident to gain the upper hand.
These cases are won by investigation: uncovering the context, exposing inconsistencies in the accuser’s account, gathering messages and witnesses, and highlighting where a story has changed over time. When an accuser later recants or refuses to cooperate, that can matter too, though it does not automatically end the case. The goal is to show the full picture the initial report left out.
For anyone who is not a U.S. citizen, a domestic violence case carries an added danger. A crime of domestic violence is a specific ground for deportation under immigration law, and a conviction can jeopardize a visa, a green card, or the ability to remain in the country.
Because our firm handles criminal defense and immigration together, we defend your case with its immigration consequences in view from the start, so a plea that looks acceptable in criminal court does not quietly trigger removal.
These cases reward fast, careful work, and that is where we focus. Our defense typically includes:
You work directly with Attorney Weldon and a team that understands how these cases are built and how they come apart.
When an accusation threatens your freedom, your family, and your record, who defends you matters. What sets our approach apart:
Question | Answer |
Can the alleged victim drop the charges? | No. Once an arrest is made, the State Attorney, not the accuser, makes the decision. Prosecutors frequently move forward even when the alleged victim asks them to stop, which surprises many people who assume the case is theirs to end. |
My partner contacted me first. Can I respond to them? | No. While a no-contact order is in place, any contact violates it, even if the other person reached out to you. Responding can lead to a separate new charge, so the safe course is no contact at all until a lawyer addresses the order. |
Do the police have to arrest someone on a domestic call? | Often, yes. In Florida, an officer who finds probable cause that domestic violence occurred can make an arrest without a warrant and without the alleged victim’s consent. That is why many people are arrested even when no one wanted to press charges, and why what you say at the scene matters so much. |
Will a domestic violence charge affect my custody or divorce case? | It can, significantly. A domestic violence finding can influence time-sharing and parental responsibility, which is why these charges often need to be handled with your custody situation in mind, not in isolation. |
Can a first-time domestic violence charge be dismissed or diverted? | Sometimes. Depending on the facts and your history, options may include a diversion program or a negotiated dismissal. Because a dismissal preserves your ability to clear the record, pursuing one is often far more valuable than a quick plea. |
What happens at my first court appearance? | Typically within a day of arrest, a judge sets the conditions of your release and usually issues a no-contact order |
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