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Defending against Domestic Battery Charges

In the state of Florida, domestic violence charges are serious offenses with harsh legal consequences. Domestic battery is the unwanted touching or striking of a household or family member, causing injury and harm to the victim. Under Florida law, domestic violence victims can include spouses, ex-spouses, those related by blood or marriage, co-parents of a child, and persons who reside in the household, either currently or previously.

 If you are charged with domestic violence, it is essential to secure the services of an experienced criminal defense attorney. At Myers Law Group, P.A., we fight to protect our clients’ rights. Volatile family dynamics escalate arguments into violent acts, especially regarding child custody disputes, infidelity, substance abuse, mental health issues, or retaliation of one family member against the other. Whether the charges are legitimate or fabricated, an allegation of domestic battery must be dealt with quickly and effectively. Our legal team works diligently to help our clients avoid the consequences of a criminal record.

Charges and Penalties for Offenders

The crime of domestic battery is generally a first-degree misdemeanor. It carries a sentence of up to one year in jail or probation and a $1,000 fine. Other sanctions may include entry at a Domestic Violence Intervention Program, a no-contact order with the victim, community service, and restrictions on firearms ownership. Offenders that have children may have their parenting plans and custody rights modified or terminated. Repeat offenders can be charged with a felony and face a penalty of up to five years in prison. Unlike many other criminal arrest records in Florida, domestic battery records are not eligible to be sealed or expunged.

In Defending against Domestic Battery Charges, the following is considered:

  • The prosecutor must prove that a defendant committed domestic battery beyond a reasonable doubt. There may be insufficient evidence to support a conviction.

  • For a conviction of domestic battery, there must be the element of willful intent. There may be evidence that a domestic battery charge is mistakenly based on an accident in many instances.

  • There are many motivations for false accusations. A vengeful family member may accuse the defendant of causing bodily harm. However, the defendant may not have been present when the violence allegedly occurred. Or, there may be witnesses or camera surveillance to negate the charges.

  • An act of violence may have occurred with the defendant acting in self-defense and may have used reasonable force to prevent a crime against another.  

Achieving a Favorable Outcome for a Defendant in a Domestic Violence Case is a Very Real Possibility 

With nearly two decades of collective experience, the legal team at the Myers Law Group, P.A. strongly advocates for their clients and has proven results. After investigating the evidence, we discuss the options and develop strategies to negotiate with the prosecutor. Our goal is to have the charges reduced, dropped, or have the client entered into a pre-trial intervention program to divert the case from the trial court process. If a case does go to trial, our legal team has extensive litigation experience and a strong presence in the courtroom. We present a solid case to defend our clients against domestic violence charges in court.

Domestic violence charges can have a devastating impact on your family and future. If you are arrested and charged with misdemeanor or felony domestic battery, contact the Myers Law Group, P.A. in DeLand, Florida at 386-873-7835. We serve clients in Volusia, Orange, and Seminole Counties, Florida. We want to help you seek the best possible outcome for your case.


Myers Law Group


211 East Rich Avenue

DeLand, FL 32724

Monday – Thursday: 9:00 AM to 5:00 PM

Friday: 9:00 AM to 1:00 PM

Phone: (386) 873-7835

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