I Am A Dependable Clearwater Domestic Violence Lawyer

Last updated on February 19, 2026

Relationships can be rocky, whether they stem from romance, family or cohabitation. If you find yourself facing allegations of domestic violence, spousal abuse or family abuse – or someone you know is up against domestic violence charges – it is important to understand these crimes and what can be at stake if they result in a conviction.

At Finkelstein Firm, P.A., I defend clients in the Clearwater area against their charges. My name is Jenna Finkelstein. As a Clearwater domestic violence attorney, I am ready to assist you in exploring all the options in your defense. I will help you understand what is at stake and prepare an aggressive and strategic defense on your behalf.

Understanding Domestic Violence Charges In Florida

According to Florida Statute 741.28, domestic violence is “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any offense resulting in physical injury or death of one family or household member by another family or household member.”

A “family or household member” can be:

• Current or former spouses
• Blood-related or marriage-related relatives
• People who are currently residing – or have resided in the past – together as a family

Common elements of these charges often include assault, battery, kidnapping, stalking, false imprisonment, or other violent offenses that have resulted in the injury or death of a family or household member.

It’s important to note that domestic violence does not have to involve physical violence. Threats, intimidation and emotional abuse can also fall under the definition of domestic violence under Florida law, including allegations involving spousal abuse or family abuse.

Florida Domestic Violence Penalties

Domestic violence can be either a misdemeanor or a felony in the state of Florida, depending on the exact charge and the circumstances of the case.

• Misdemeanor domestic violence: For a first-time offense, the police may charge you with a misdemeanor. You may face up to one year in jail and a fine of up to $1,000.
• Felony domestic violence: If you have prior convictions or the offense is more severe, you may be charged with a felony and face up to five years in prison and a fine of up to $5,000.

Florida Statute 741.283 also calls for mandatory jail time upon conviction. For a first offense, a minimum of 10 days in jail is required. For a second offense, a minimum of 15 days is required. For a third or subsequent offense, a minimum of 20 days is required. These minimums go up if the domestic violence act was committed in the presence of a child under 16.

In addition to penalties, you may also face civil penalties such as a restraining order or a protective order. These orders can restrict your contact with the victim and may require you to move out of your home. Violating a restraining order or protective order can result in additional charges and penalties.

Accusations of domestic violence can also affect your divorce and child custody proceedings and threaten your parental rights. If the domestic violence charges against you are successful, then you will also face an injunction, which is a court order requiring you to stay away from the alleged victim or victims.

I understand that being up against a charge can be frightening and overwhelming. Because of the potential consequences associated with mere accusations, it is imperative that you speak with an experienced Clearwater domestic violence lawyer right away.

I have extensive experience aggressively defending those charged with domestic violence. I have the knowledge and skills to fight for your side of the story. In addition, I am a lawyer who will be accessible and dependable when you need me the most.

Will You Go To Jail If The Cops Are Called?

If the police are called to a domestic violence situation, they will assess the situation and determine if there is probable cause to make an arrest. If they believe that a crime has been committed or that someone is in danger, they will more than likely arrest the person they believe is responsible for the domestic violence.

Whether or not you will go to jail depends on the circumstances of the situation and the severity of the offense. If you have prior convictions for domestic violence or the offense is particularly severe, you may be taken into custody and held until your arraignment. If you are charged with a misdemeanor offense and have no prior convictions, you may be released on your own recognizance or required to post bail.

It will be a condition of any pretrial release that you do not have contact with the alleged victim, and the court may order you to undergo random screening for alcohol or drugs if that appears to be a factor in the case.

Potential Defenses For Domestic Violence Charges

If you are facing domestic violence charges in Florida, several defenses may be available to you. These include:

• Self-defense
• Defense of others
• Defense of property
• Lack of intent

You may be able to argue that the victim’s injuries were not caused by your actions or that you were acting in the reasonable belief that your actions were necessary to protect yourself or others.

Note that each case is different, and the defenses available to you will depend on the specific circumstances of your case. It’s important to work with an experienced Clearwater domestic violence attorney who can help you build a strong defense and protect your rights throughout this overwhelming and sometimes lengthy process.

Consult A Clearwater Domestic Violence Defense Attorney For Free

At Finkelstein Firm, P.A., I understand that facing a charge can be frightening and overwhelming. Due to the potential consequences associated with a conviction, you must speak with an experienced defense attorney right away.

I have more than 20 years of experience defending citizens charged with domestic battery and domestic violence-related charges, including spousal abuse and family abuse allegations. I have the knowledge and skill to fight for the best result in your case. Furthermore, I am accessible and dependable when you need me the most.

Contact my firm at 727-202-4418 or reach out here to schedule a free analysis of your case at my local office, located in Clearwater.