Domestic Violence Defense

A domestic violence charge in Florida moves fast — and the consequences follow you for the rest of your life. Under Florida law, a domestic violence conviction cannot be expunged or sealed. It affects your professional licenses, your firearm rights, and your standing in any future custody proceeding. A charge is not a conviction, but the window to build a strong defense closes quickly. At Butash Law Group, we represent people facing domestic violence charges and injunction proceedings throughout Pasco County, Wesley Chapel, Lutz, and the surrounding communities — in the same courts where we work every week.
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What Florida Law Actually Does — and Doesn't — Allow

Florida's domestic violence statutes are written to move aggressively, and most people facing a charge don't realize how little control they have over what happens next. Two policies define how these cases unfold:

 

  • Mandatory arrest: When law enforcement responds to a domestic disturbance and finds probable cause, an arrest is required. Officers do not have discretion to issue a warning or let the parties resolve the situation on their own.
  • No-drop prosecution: The State of Florida — not the alleged victim — decides whether to pursue charges. Even if the alleged victim recants, refuses to cooperate, or signs an affidavit of non-prosecution, the state can proceed. Prosecutors regularly do.
  • Injunction proceedings: A domestic violence injunction (commonly called a restraining order) is a civil matter handled separately from any criminal charge. A judge can issue a temporary injunction the same day a petition is filed, without the respondent present. A full hearing is typically scheduled within 15 days.
  • Collateral consequences: Beyond any criminal penalty, a domestic violence conviction triggers a lifetime federal ban on firearm possession, potential loss of professional licenses, and significant disadvantage in divorce and custody proceedings.

 

Understanding how the system works is the first step. The second is having an attorney who knows how to work within it.

Defending Against a Domestic Violence Charge

Every domestic violence case has facts — and facts can be examined, challenged, and contextualized. Whether you're facing a misdemeanor battery charge or a felony aggravated assault allegation, the defense strategy begins with a thorough review of the evidence: the responding officer's report, any 911 recordings, witness statements, medical records, and the alleged victim's own account over time.

 

False accusations happen. Situations are mischaracterized in the heat of the moment. Alleged victims sometimes recant — and while recantation doesn't automatically end the case, it is a significant factor that a skilled defense attorney can present to the prosecution and, if necessary, to the jury. We also work with clients on the injunction side of these cases: if a domestic violence injunction has been filed against you, you have the right to contest it at the hearing. That hearing is your opportunity to present evidence, cross-examine the petitioner, and argue that the injunction should not be granted or should be narrowed in scope. Fifteen days is not much time. We get to work the day you call.

 

For context on what acts Florida law classifies as domestic violence, the Butash Law Group blog covers the definitions and boundaries of domestic violence under Florida statute in detail.

Why Local Representation Matters in Pasco County Courts

Domestic violence cases in Pasco County are handled through the Pasco County Courthouse in Dade City and the West Pasco Judicial Center in New Port Richey. Injunction hearings and criminal arraignments move quickly, and familiarity with local prosecutors, judges, and court procedures directly affects how a case is managed from first appearance through resolution. Mike Butash and Randy Grantham appear regularly in Pasco County courts. They know how these cases are typically charged, how prosecutors approach evidence when a victim is uncooperative, and what arguments carry weight in front of the judges assigned to these dockets. That local knowledge is not incidental — it shapes strategy from the first phone call.

Serving criminal defense Clients Across Pasco County, Lutz, FL and North Tampa

A DUI, drug charge, or domestic violence arrest moves fast in Pasco County courts. A case review with Butash Law Group gets you ahead of the game — and gives you a clarity on your next steps and what we can do to accomplish them.

Frequently Asked Questions About Domestic Violence Defense in Florida

  • Can the alleged victim drop domestic violence charges in Florida?

    Not on their own. In Florida, the decision to pursue or drop charges belongs to the state prosecutor, not the alleged victim. If the alleged victim recants or refuses to cooperate, prosecutors can still move forward using other evidence — the 911 call, the officer's observations, photographs, or prior incident reports. An experienced defense attorney can present the victim's position to the prosecution as part of a broader argument for dismissal or reduced charges, but the victim cannot unilaterally end the case.

  • What is a domestic violence injunction in Florida?

    A domestic violence injunction is a civil court order that restricts contact between two parties. A judge can issue a temporary injunction on the same day a petition is filed, based solely on the petitioner's sworn statement. A hearing on a permanent injunction is typically scheduled within 15 days. If a permanent injunction is granted, it can prohibit you from returning to your home, restrict contact with your children, and require surrender of any firearms. Violating an injunction is a first-degree misdemeanor and can result in arrest.

  • What are the penalties for domestic violence in Florida?

    Penalties depend on the specific charge. A first-offense misdemeanor domestic battery carries up to one year in jail, 12 months of probation, mandatory completion of a 26-week Batterers' Intervention Program, and a minimum of five days in jail if the defendant is adjudicated guilty. Felony-level charges carry significantly higher penalties. Beyond the criminal sentence, a domestic violence conviction cannot be expunged or sealed under Florida law — it remains on your record permanently.

  • How do I fight a false domestic violence accusation?

    Start by not making the situation worse — do not contact the alleged victim, do not post about the situation on social media, and do not attempt to influence any witnesses. Then contact a defense attorney immediately. A false accusation defense focuses on inconsistencies in the accuser's account, absence of physical evidence, prior false allegations if documented, and any witnesses who can contradict the petitioner's version of events. The earlier an attorney is involved, the more evidence can be preserved and the more options remain available.

  • Does a domestic violence charge affect child custody in Florida?

    Yes, significantly. Florida family courts are required to consider any history of domestic violence when determining parental responsibility and timesharing. A conviction creates a legal presumption against the convicted parent having shared parental responsibility. Even a charge — without a conviction — can be raised in custody proceedings and used to seek a modification of an existing timesharing arrangement. If you are facing both a domestic violence charge and a custody matter, those two cases need to be managed in coordination with each other.