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Can Butash Law Group Seal Your Criminal Record?

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.

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What Florida Law Actually Does - and Doesn't - Allow

Attorney Michael G. Butash, Butash Law Group

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.

What Do Our Clients Say?

Emely Rosas ★★★★★
I can’t thank my lawyer enough for the outstanding job they did handling my DUI case. From the very beginning, they were professional, knowledgeable, and honest about the entire process. They kept me informed every step of the way, answered all my questions, and made a stressful situation much easier to deal with. What impressed me most was their dedication and attention to detail. They truly fought for the best possible outcome and treated me with respect the entire time.Thanks to their hard work and experience, my case was resolved better than I expected, If you’re looking for an attorney who genuinely cares about their clients and knows how to get results, I highly recommend mike!
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Working with Mike and his team was a great experience. Mike is knowledgeable, professional, and truly cares about his clients. He took the time to explain everything clearly and made sure I felt confident throughout the entire process. I also want to give a special thank you to Stephanie, his paralegal, who was absolutely excellent. She was always responsive, organized, and went above and beyond to keep everything moving smoothly. Her communication made a stressful situation so much easier. I’m very grateful for everything they did for me and would highly recommend Mike and his team to anyone needing legal help.
Amelia Cozzolino
Tanya Rais ★★★★★
I cannot say enough good things about Mike Butash and his team. If I could give more than five stars, I absolutely would. They have truly been a lifeline for me during one of the most difficult and emotional periods of my life. Navigating a high-conflict divorce is overwhelming, but they were the steady voice of reason through it all. When things became complicated or stressful, they brought clarity, logic, and a clear path forward. Mike, Mimi, and the entire staff have supported me every step of the way. They fought for me, kept me informed, and always made sure I understood both the process and possible outcomes-good or bad. That level of honesty and transparency meant everything. Even during moments when I felt frustrated or emotional, they remained patient, professional, and genuinely supportive. Even though my journey isn’t completely over, I feel confident knowing I’m in the best hands. I recommend them to anyone who needs not just an attorney, but a team that truly stands by you.
Tanya Rais
Margarita Vazquez ★★★★★
I am incredibly grateful for the outstanding legal representation I received. My case lasted over a year, and throughout the entire process, Mr. Butash was professional, knowledgeable, and consistently responsive. He took the time to explain every step clearly, kept me informed, and always made me feel supported. His dedication and attention to detail truly made a difference, and I couldn’t be happier with the outcome. I highly recommend Butash Law Group to anyone looking for a reliable and trustworthy attorney. Thank you so much again Mike!
Margarita Vazquez

Why Choose Butash Law Group for Domestic Violence Defense?

What to Expect When You Hire a Domestic Violence Defense Lawyer

Step 1: Free Initial Consultation

Contact Butash Law Group at (813) 341-2232 to schedule a complimentary consultation where your dispute is reviewed and your legal options are explained. This no-obligation meeting helps establish whether your matter has merit and what strategy may best protect your interests.

Step 2: Case Evaluation & Strategy

Every domestic violence defense matter is individually assessed based on its unique facts, applicable Florida law, and the client's goals. The firm identifies fee-recovery opportunities, evaluates litigation risk, and recommends the most advantageous pathmediation, negotiated settlement, or trial.

Step 3: Pre-Litigation Negotiation & Mediation

Where appropriate, Butash Law Group pursues pre-suit negotiation or formal mediation to resolve disputes efficiently and cost-effectively before court proceedings begin. A timely mediated resolution can preserve business relationships and significantly reduce overall litigation expense.

Step 4: Discovery & Evidence Building

If litigation proceeds, the firm actively manages all phases of discoveryincluding interrogatories, document requests, depositions, and subpoenasto build the strongest possible evidentiary record. Disputes over privilege, production scope, or non-party subpoenas are handled promptly to keep the case moving forward.

Step 5: Trial or Final Resolution

When settlement terms are inadequate or trial is in the client's best interest, Butash Law Group is fully prepared to argue the case before a judge or jury in Florida state or federal court. The firm pursues every available remedy to achieve the most favorable outcome possible for each client.

Serving Pasco, Hillsborough, Hernando & Pinellas Counties

Butash Law Group serves domestic violence defense clients throughout Pasco, Hillsborough, Hernando and Pinellas counties, including Lutz, Wesley Chapel, Land O’ Lakes, Dade City and Tampa. Whether your dispute arises locally or involves parties across the region, the firm provides experienced, responsive representation close to home.

Explore Our Other Practice Areas

Butash Law Group represents Tampa Bay clients across a full range of legal matters.

Frequently Asked Questions

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.

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.

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.

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.

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.

Answer: Domestic violence encompasses physical, emotional, sexual, or financial abuse within intimate relationships or family units. Underreporting occurs due to shame, fear of retaliation, economic dependence, cultural stigma, or false promises from abusers that behavior will change.

Victims frequently remain silent because leaving an abusive situation carries substantial personal, financial, and safety risks. Many survivors delay reporting for months or years while enduring repeated cycles of abuse and reconciliation.

  • Physical abuse including hitting, pushing, choking, or weapon use
  • Psychological abuse through threats, isolation, or degradation
  • Economic control that restricts financial independence
  • Sexual coercion or assault by a trusted partner

Helpful next step: If you or a family member is experiencing abuse, legal intervention can provide protection orders and safety planning. Contact us

Answer: Yes. Men experience domestic violence perpetrated by female partners at statistically significant rates, though cultural stigma and underreporting mask the prevalence. Male victims face identical harm patterns as female victims and deserve equal legal protection and support.

Male survivors often delay seeking help due to embarrassment, disbelief from authorities, or fear that disclosure will damage their credibility or custody rights in family proceedings. Legal remedies including restraining orders, protective injunctions, and custody modifications apply equally regardless of victim gender.

  • Restraining orders and protective injunctions available to all genders
  • Custody and visitation modifications to ensure child safety
  • Criminal prosecution of abusers without gender-based limitations
  • Civil remedies including damages for injuries and emotional harm

Helpful next step: Male victims deserve confidential legal representation to assess your rights and protective options. Contact us

Answer: Domestic violence victims can obtain injunctions for protection, which are court orders prohibiting contact, proximity, or further abuse. These orders may include exclusive use of the home, custody provisions, and criminal penalties for violation.

Florida law provides expedited filing procedures for protective injunctions, with temporary orders issued on the same day as filing and final orders determined after a hearing. Violations carry contempt charges and potential arrest, creating enforceable legal barriers between victims and abusers.

Helpful next step: Understand your specific protective options by consulting with an attorney experienced in family law proceedings. Contact us

Answer: Courts consider domestic violence history as a primary factor in custody determinations, presuming that exposure to abuse harms children's welfare. Evidence of abuse typically results in restricted parental access, supervised visitation, or sole custody awards to the non-abusing parent.

Florida courts apply a best-interests-of-the-child standard that explicitly weighs domestic violence as detrimental to child development, regardless of whether abuse was directed at the child or the other parent. Documented abuse patterns carry substantial weight in custody modification proceedings.

  • Supervised visitation restrictions limiting unsupervised contact
  • No overnight visits until the abuser completes counseling programs
  • Exchanges conducted at neutral locations with law enforcement present
  • Sole custody awards removing parental rights from the abusing parent

Helpful next step: Protect your children by documenting abuse incidents and securing legal counsel to present evidence at custody hearings. Contact us

Answer: Ensure immediate physical safety by leaving the situation and calling 911 if there is threat of harm. Seek shelter at a domestic violence safe house, contact the National Domestic Violence Hotline at 1-800-799-7233, and document injuries with photographs.

Safely gather important documents including identification, financial records, and children's school records before leaving. Contact law enforcement to file a police report, which creates an official record supporting future legal action and protective orders.

Helpful next step: After securing immediate safety, discuss your legal options with an attorney who can file protective orders and represent you in family proceedings. Contact us

About Mike Butash
MEET MIKE BUTASH

A Former Prosecutor Who Knows Both Sides

Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit in Pinellas and Pasco Counties, where he prosecuted everything from misdemeanors to the most serious felonies. Today he uses that insider experience to defend clients across Tampa Bay. With more than three decades of practice, lead counsel in over 40 jury trials, and thousands of cases handled, Mike brings the kind of courtroom judgment that only comes from years on both sides of the aisle.

40+ jury trials as lead counsel | 30+ years practicing | Thousands of cases

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