Clearwater Lawyer Answering Common Domestic Violence Questions

Last updated on April 23, 2025

I understand that if you are facing criminal charges, you probably have a lot of questions. My name is Jenna Finkelstein, and I have dedicated my legal career to providing criminal defense services for clients throughout the Tampa Bay area. I am also the founder of Finkelstein Firm, P.A. in Clearwater.

In my many years of practice, and in my time as a legal news correspondent, I regularly answer the same questions about domestic violence charges. Here, I have provided answers to some of those questions. However, every scenario is unique. If you have questions about your specific situation, I offer a free initial consultation so that I can answer questions about your case.

Can someone be charged with domestic violence even if there was no physical harm?

Yes, you can be charged with domestic violence even without physical harm. In Florida, domestic violence includes assault and battery, but it also covers any other violent criminal offenses resulting in physical injury or death to a family or household member. This can include actions intended to cause fear of immediate violence.

For instance, if you threaten a family member or someone you are in a domestic relation with in a way that makes them genuinely afraid that you will harm them, this could lead to a domestic violence charge, even if you never touch them. The key factor is whether your actions create a reasonable fear of imminent harm. These cases can be complex. It is important to seek the help of an experienced criminal defense attorney if you are accused of domestic violence, even if there was no physical contact.

Does gender make a difference in a domestic violence case?

No, gender does not make a difference in a domestic violence case. Florida domestic violence laws are gender-neutral. Anyone can be a victim or perpetrator of domestic violence, regardless of their gender.

While statistics show that women are more often the victims in domestic violence situations, men can also be victims. The law protects everyone equally. If you are facing domestic violence charges, the court focuses on the facts of the case, not the gender of those involved. If you are accused of domestic violence, It is important to seek legal advice and find an experienced criminal defense lawyer to protect your rights.

Will I go to jail?

Florida law requires that the suspect in a domestic violence crime go directly to jail. In other words, if the police are called to the scene of a domestic violence dispute or complaint and have probable cause to make an arrest, someone is going to jail.

Will I get a bond?

If you are arrested for a domestic violence charge, you will initially go to jail with no bond. You will not be eligible for a bond until a judge has the opportunity to review the arrest affidavit in your case. This will happen within 24 hours of your arrest. It is important to hire an attorney for the first appearance hearing so that your rights are protected and the appropriate motion can be made for a reasonable bond. You should be given a reasonable bond at this hearing.

What if I was defending myself?

Self-defense and the defense of others are affirmative defenses that can be asserted in a domestic violence trial. Additionally, depending on the specific facts of your case, your attorney may have a basis to file a “stand your ground” motion prior to trial.

Can I get a restraining order?

If you are a victim of domestic violence, then you can request the courts to issue a restraining order or injunction for protection. If someone is asking for an injunction against you, it is important to understand that you are not entitled to have a lawyer represent you. At an injunction hearing, you may represent yourself, or you may hire an attorney. I regularly represent clients at their injunction hearings, and I am available to answer your questions about injunctions.

How do I get a no-contact order dropped?

Only a judge can enter an order allowing contact between a victim and a defendant once the no-contact order has been filed. A motion for contact must be set in front of the judge who is presiding over the defendant’s case. This motion is usually requested by the victim. At the hearing, the judge will inquire as to whether the alleged victim is in fear and, based on the totality of the circumstances, may grant the motion allowing contact.

What if the alleged victim wants to drop the charge?

Unfortunately, the alleged victim in a case does not have the power to drop a charge. Although the victim’s position is taken into consideration, the state decides how to proceed on a case. The alleged victim does not make the final decision.

If a victim does not wish to prosecute, then they should file the appropriate paperwork so that the state is on notice of their desires. As your defense attorney, if the victim decides they do not want to go forward with charges against you, I can help facilitate communication to make sure that the state’s attorney’s office is aware of the victim’s desires.

Do I have to show up in court if I am the victim of a crime but I do not want to prosecute?

If you have been served with a subpoena, then you must appear in court. If you do not appear, then the party who issued the subpoena may seek a court order to show cause that will require your appearance.

What is tampering with a witness?

Tampering with a witness is a criminal felony charge in Florida. Tampering with a witness is any attempt to threaten, induce or intimidate another person into:

• Withholding evidence
• Delaying service of process
• Withholding testimony

The prosecutor takes these charges very seriously and the punishment can be severe. Oftentimes, these charges are filed together with domestic battery cases because a defendant is accused of trying to prevent an alleged victim from calling the police.

Once a criminal charge has been filed, defendants should be extremely careful regarding their communications with the alleged victim. This is because communications with a witness or victim can easily be construed as witness tampering. This is yet another reason why it is so important to hire an experienced domestic violence defense attorney early in your case.

The alleged domestic battery incident was an accident. Can I get the charges dropped?

Oftentimes, there are innocent explanations that can result in a dismissal of the charges against you. If you have been charged with domestic battery, chances are, your story or explanation is different from what the witnesses and/or the alleged victim has communicated to the officers and the prosecutor.

I will evaluate your domestic violence case and explore all possible defenses, such as self-defense, defense of others, mutual combat, standing your ground and any alibi defense that you may have.

What is the domestic violence diversion program?

Many counties have various diversion programs for first-time offenders. For example, in Pinellas County, the Office of the State Attorney runs the Domestic Violence Deferred Prosecution Program. This diversion program is offered to first-time offenders for misdemeanor batteries. The program usually requires 26 weeks of anger management classes/counseling, commonly referred to as a batterers’ intervention program (BIP).

Additionally, the program involves a period of supervision and payment of fines. Upon successful completion of the program and assuming there have been no additional arrests, the state attorney will dismiss the charge. I can help you better understand if you might be eligible for this program.

Schedule A Free Consultation With A Domestic Violence Defense Lawyer

If you have been charged with a domestic violence crime, an experienced criminal defense lawyer can be an invaluable ally. I offer clients a free, initial consultation. To schedule your free appointment, call me at 727-202-4418 or send me a message using my website form.