Accused of Domestic Violence in Sanford? What You Need To Know Before Court

A domestic violence accusation can be devastating, to say the least. Your freedom, career, family, and future are on the line — and that’s before your trial even starts. If you’re arrested or served with a protective order in Seminole County, you need to know what to expect before court and what you can do to help your case. Below, we outline the main steps, risks, and defenses; however, it is essential to consult with a Sanford criminal defense lawyer as soon as possible after the accusation is made.

Domestic Violence Defined in Florida

Florida Statute §741.28 defines domestic violence to include the following:

• Assault or aggravated assault
• Battery or aggravated battery
• Sexual assault or abuse
• Stalking or cyberstalking
• Kidnapping or false imprisonment

For the purposes of the statute, the alleged offense must be “domestic,” meaning that it was between the accused and a “family or household member.” This is further defined as a spouse, former spouse, relative, or someone you or the victim lives with (or lived with in the past).  

Because this is such a broad definition, many situations in Sanford can lead to an arrest and domestic violence charge, even if it’s a single push or an argument in a domestic setting.

Arrest and First Court Appearance in Sanford

In Florida, if the police make an arrest for domestic violence, it’s generally because they have probable cause to believe the accused committed a crime and the victim is in danger of further abuse. Once arrested, you may not get released until your first court appearance (which is usually within 24 hours).

At this initial hearing, the judge will perform the following:

• Read the charges
• Hold a bond or release hearing
• Issue a temporary injunction (protective order)
• Place limitations on you to not contact the victim, enter the home, or carry/use a firearm

This initial court appearance can set the tone for the rest of the case. A Seminole County domestic violence defense attorney can help protect your rights and achieve the best outcome for your situation.

Protective Orders and Injunctions in Seminole County

The alleged victim can also file for a domestic violence injunction without any criminal charges under Florida Statute §741.30. This gives a judge the authority to issue a temporary restraining order without providing notice to the accused. The full hearing at a later time will help the judge decide whether to grant a final injunction.

If a domestic violence injunction is issued, it can impose one or more of the following:

• Order you to stay away from the petitioner (i.e., the accuser)
• Force you to move out of the home
• Restrict custody of or visitation with children
• Ban you from owning or carrying firearms

Please note that violating an injunction is a separate criminal offense in Florida. This means that even accidental contact (such as answering a phone call or running into the other person in public) can result in new charges.

Criminal Penalties for Domestic Violence in Florida

Penalties vary based on the charge:

Misdemeanor domestic battery: Up to one year in jail and $1,000 fine

Aggravated battery/felony domestic violence: More severe penalties, including prison time

Mandatory Batterer’s Intervention Program: Upon conviction, the judge will also order anger management classes

No firearms: Federal and state law prohibit firearm possession for certain offenders

There are long-term consequences to a conviction that extend beyond jail time or court costs. A record of domestic violence can affect one’s future employment, housing options, professional licenses, and immigration status.

Common Defenses To Domestic Violence Charges

A Sanford domestic violence lawyer will review potential defenses, including these:

• Self-defense
• False allegations or exaggeration of conduct (which sometimes includes custody disputes)
• Lack of credible evidence (e.g., no witnesses, medical evidence, or consistent stories)
• Improper definition of “family or household member” parties
• Procedural mistakes by the police (e.g., violating rights during the arrest/search)

Remember, each case is unique, and the best defense strategy will depend on your specific facts and evidence.

What To Do Before Court

If you’re accused of domestic violence in Sanford, it’s important to act fast:

Contact a local criminal defense lawyer. Before your court appearance, you should have a defense attorney by your side.

Preserve evidence. Don’t delete text messages, emails, or call logs. Keep any social media posts or information about potential witnesses.

Comply with orders. If the court places any restrictions on what you can and cannot do, including having no contact with the alleged victim, you must follow these directives (even if the other person contacts you first).

Stay off social media. Don’t post anything to social media during your case. Social media evidence is commonly used in Florida domestic violence cases.

Prepare witnesses. If you have neutral or character witnesses who can support your defense, be sure to have your lawyer discuss the case with them.

Take action to build your defense and demonstrate to the court that you recognize the seriousness of the charges.

Why a Sanford Criminal Defense Attorney Is Important

Domestic violence cases are a priority for Seminole County courts, and you will face an aggressive prosecutor at your hearings. 

A knowledgeable Sanford criminal defense lawyer can conduct the following:

• Advocate on your behalf for your rights during court appearances
• Challenge a restraining order, injunction, or unfair bond
• Investigate the case and the evidence against you
• Negotiate with the prosecutor for dismissal or reduced charges
• Represent you during a trial, if needed

Facing a domestic violence charge is serious, but if you work with a skilled defense lawyer, you can take control of your future.

Act Now — Speak to a Criminal Defense Attorney Right Away

A domestic violence charge in Sanford can change your life. The sooner you understand the process and have a defense attorney in place, the better your chances of protecting your rights and your future.

If you or someone you know is facing a domestic violence allegation in Seminole County, contact a Sanford criminal defense lawyer right away. You should not wait until your court date to get legal representation. A Sanford criminal defense attorney can explain the process to you, protect your rights, and fight for the best outcome.