Criminal Defense · Jeff T. Gorman Law Offices

Florida Domestic Violence Defense
Aggressive Defense for
Charges That Change Everything.

A domestic violence arrest in Florida triggers immediate consequences — a no-contact order, potential displacement from your home, and a charge that follows you even if the case is eventually dropped. The alleged victim does not control whether charges are filed. The State Attorney does. You need a defense attorney the moment you’re arrested — not after the preliminary hearing.

Free Consultation Call (772) 888-8888
No-Contact Order Likely Already in Effect — Do Not Violate It — Call Now
Jeff T. Gorman
Jeff T. Gorman
Founding Attorney · FL Bar #538183
100+
Felony Jury Trials
19th
Circuit Former Prosecutor
4.9★
Google Rating · 260+ Reviews
“I prosecuted more felony jury trials than any other attorney in the 19th Circuit. I know exactly how the State builds its case — and exactly how to take it apart.”
What Happens Immediately After a Domestic Violence Arrest
●A no-contact order is issued at first appearance — often before you have a chance to explain anything
●The State Attorney’s Office has a dedicated domestic violence unit that prosecutes aggressively regardless of what the alleged victim wants
●Prior calls to the address or any prior incidents — even without prior charges — are documented and used against you
●Photographs of the scene and any injuries are taken by responding officers and become evidence in the case
●Your statements at the scene — even if they sound innocent — may be used against you

What the Evidence Shows —
and Where It Can Be Challenged

Domestic violence cases are unlike almost any other criminal charge. The alleged victim frequently has conflicted feelings about prosecution — but the State Attorney’s Office does not. Florida has a mandatory arrest policy for domestic violence calls, meaning officers must arrest someone when they respond and find probable cause. You can be charged, prosecuted, and convicted even if the alleged victim completely recants.

The consequences extend far beyond the criminal case itself. A domestic violence conviction — even a misdemeanor — permanently strips your federal right to possess firearms under the Lautenberg Amendment. It affects child custody and time-sharing decisions in family court. It appears on background checks that employers, landlords, and licensing boards can see. The stakes demand an attorney who takes the case seriously from the first phone call.

⚖️ Florida Domestic Violence Law
Florida Statute §741.28 defines domestic violence as assault, battery, sexual battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death between family or household members. Household members include spouses, former spouses, persons related by blood or marriage, persons who share a child, and persons who currently or formerly cohabitated. The State Attorney’s Office is required to have a specialized prosecution unit (Florida Statute §741.2901). Injunctions are governed by Florida Statute §741.30.
Florida Statute §741.28 (Domestic Violence Definitions) · Florida Statute §741.2901 (Specialized Prosecution) · 18 U.S.C. §922(g)(9) (Federal Firearms Prohibition)

How We Fight This Charge

Self-Defense & Stand Your Ground
Florida’s Stand Your Ground law applies in domestic violence cases. If you acted in reasonable defense of yourself, we present this affirmatively and pursue immunity when the evidence supports it.
False Accusation Defense
Accusations made during contentious divorce, custody disputes, or other relationship conflicts may be exaggerated or fabricated. We investigate the circumstances and the alleged victim’s motivations.
Witness Credibility
Prior inconsistent statements, motive to fabricate, and history of false accusations are legitimate tools to challenge the alleged victim’s account before the jury.
No-Contact Order Modification
We can move to modify no-contact orders when appropriate — particularly in cases involving shared children, shared residence, or when the alleged victim requests contact.
Pre-Trial Intervention
First-time offenders may be eligible for diversion programs that result in dismissal upon completion. Eligibility depends on the specific charge and circumstances.
Evidence Suppression
Statements made without Miranda warnings, unlawful entries into the home, and improperly obtained evidence can be challenged and potentially excluded.
Notable Results
DISMISSED
Domestic Battery Charges · Alleged Victim Recanted · Insufficient Evidence
NOT GUILTY
Domestic Violence · Self-Defense · Jury Trial
DIVERTED
First Offense Domestic Battery · Pre-Trial Intervention · Case Closed

Past results do not guarantee a similar outcome. Case details available upon request.

Common Questions

Domestic Violence Defense Attorney FAQ

Can domestic violence charges be dropped in Florida? +
In Florida, the State Attorney's Office — not the alleged victim — decides whether to proceed with domestic violence charges. Even if the alleged victim recants or refuses to cooperate, the State can and often does proceed using other evidence. However, charges can be reduced or dismissed through strategic defense work, lack of evidence, credibility issues with witnesses, or successful pre-trial motions.
What is a no-contact order in a Florida domestic violence case? +
A no-contact order prohibits you from contacting, communicating with, or going near the alleged victim. It is typically issued at first appearance within 24 hours of arrest and remains in effect throughout the case unless modified by the court. Violating a no-contact order is a separate criminal offense — do not contact the alleged victim even if they reach out to you first.
Does a domestic violence conviction affect my gun rights in Florida? +
Yes. Under federal law (the Lautenberg Amendment, 18 U.S.C. §922(g)(9)), a conviction for a misdemeanor crime of domestic violence permanently prohibits you from possessing firearms or ammunition. This applies even to misdemeanor domestic battery convictions in Florida — career-ending for law enforcement officers, military personnel, and others whose careers depend on firearm possession.
Can I be charged with domestic violence if there were no injuries? +
Yes. Florida's domestic violence statute does not require physical injury for charges to be filed. Simple domestic battery — intentional touching or striking of a household member against their will — is a first-degree misdemeanor regardless of whether any injury occurred. The alleged victim's statement to police, even without visible injuries, can support charges.
Related Practice Areas
Felony DV
Aggravated battery, strangulation, and repeat DV charges are felonies with prison exposure.
DV Injunctions
We represent both victims seeking injunctions and respondents defending against them.
Assault & Battery
Related charges that frequently arise alongside domestic violence allegations.
Free Consultation · 24/7

Domestic Violence Arrest?
The No-Contact Order Is Already in Effect.
Call Before You Do Anything Else.

Do not violate the no-contact order. Do not contact the alleged victim. Call (772) 888-8888 immediately. Jeff Gorman prosecuted these cases in the 19th Circuit — he knows exactly how the State builds them and where they come apart.

(772) 888-8888 PSL: (772) 236-5203 Free Online Consultation

Free initial consultation does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Florida Bar Rules 4-7.1 through 4-7.20 apply.