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Criminal Defense
Domestic Violence Defense Lawyer in West Palm Beach
A domestic violence charge can land you in handcuffs, facing real fear about what comes next, even if you have never been in trouble before.
A conviction can affect your job, your housing, your record, and your relationship with your own family. That is why it matters to have an experienced criminal defense attorney in your corner early. At Hutchinson & Huffman, P.A., we defend clients facing domestic violence charges throughout West Palm Beach and Palm Beach County, and we serve clients across Martin and Broward counties as well. Request a confidential consultation or call (561) 838-9793.
What Counts as Domestic Violence in Florida?
Domestic violence cases are treated differently than a dispute between strangers. A case can fall under Florida's domestic violence laws when the incident involves a family or household member, which Florida law defines to include spouses and former spouses, relatives by blood or marriage, people who live or have lived together as a family, and parents of a child in common.
Under Florida law, domestic violence can cover a range of alleged acts, including assault, battery, stalking, and other offenses that result in physical harm to a family or household member. Because the definitions and penalties are specific, it is worth reviewing your exact charge with an attorney.
The statute defines domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or other criminal offense resulting in physical injury or death, committed by one family or household member against another. With the exception of parents who share a child, the people involved must currently live, or have lived, together in the same single dwelling unit. The relationship between the people involved is one of the first things we examine.
A no-contact order can be a condition of your pretrial release, and violating it, even if the other person contacts you or asks you to, can lead to your release being revoked and you being held until trial.
Not every domestic violence arrest tells the full story. Officers arriving at a chaotic scene sometimes have a hard time sorting out what really happened, and the person who was actually defending themselves or their children can end up in handcuffs.
Self-defense is a recognized legal defense. If you were protecting yourself or a loved one, that is one of the most important things to tell your attorney, so we can gather and present the evidence that supports your account. We can also raise mitigating factors, like a lack of any criminal history, that matter to how your case is handled.
What the State Has to Prove
A domestic violence charge is still a criminal charge. The State Attorney must prove every element beyond a reasonable doubt, including who did what, whether the act was intentional, and whether the people involved meet the statute's relationship definition. These cases often rest on a 911 call, a short police report, and statements made in the heat of the moment. We look at all of it: dispatch and body camera recordings, photographs, medical records, text messages, and the accounts of other witnesses. Differences between a first statement and later ones, and the question of who was actually the aggressor, can change how a case looks.
What Are the Penalties for Domestic Battery?
If you are adjudicated guilty of a crime of domestic violence and the court finds you intentionally caused bodily harm, Florida law requires a minimum county jail term of 10 days for a first offense (longer for repeat offenses and in some cases involving a child under 16) unless the court sentences you to a state prison term, in addition to any other penalties the court imposes. While a case is pending, the court can also set a no-contact condition on your release that limits where you can go and whom you can contact.
Every case is different, and the specifics depend on the facts and your record, so it is best to talk through what you are realistically facing with an attorney.
How a Domestic Violence Attorney Helps
Different courts and jurisdictions handle these cases very differently, so we look closely at how the local system treats your case. We will examine the allegations, look for weaknesses in the state's case, protect your rights, and keep you informed and involved at every step. Where a dismissal or reduction is possible, we will pursue it. Where the strongest path is negotiating a resolution, we will be straight with you about that too.
After a Domestic Violence Arrest
The first days after an arrest are when people most often make a hard situation harder. A few steps that help protect you:
- If a no-contact condition is in place, do not contact the other person, even if they contact you first
- Do not discuss the incident by text, phone, or social media. Assume anything you write or say can be seen by the prosecution
- Write down your own account while it is fresh, including the timeline and who else was present
- Save texts, photos, voicemails, and anything else that shows what happened
- Call us as soon as you can, ideally before your first court date
Common Questions About Domestic Violence Charges
Can the person who called the police drop the charges?
In Florida the State Attorney prosecutes criminal cases on behalf of the state, not the person who made the report. Because the State is the party bringing the case, the alleged victim's wishes do not automatically end it, and contacting that person in violation of a no-contact order can lead to your release being revoked.
Does a first-time domestic violence charge still matter?
Yes. Even without a prior record, a conviction can affect your job, your housing, and your record. A clean history is also something we raise on your behalf.
Can a domestic violence case be sealed or expunged later?
It depends on how the case ended and on your record. Florida's expunction law generally requires, among other things, that no charge was ever filed or that the case was dismissed or ended in an acquittal. We can look at your record and tell you where you stand.
What if I was the one who was protecting myself?
Tell your attorney right away. Self-defense is a recognized defense, and the evidence that supports it, such as photographs, messages, medical records, and witnesses, is often easier to gather early.
If your case ends without a conviction, our page on expungement and record sealing explains whether the record can be cleared. For more general answers, see our frequently asked questions.
Talk to a West Palm Beach Domestic Violence Lawyer
A domestic violence arrest brings intense emotions and high stakes. You do not have to face it on your own. Request a confidential consultation, or call (561) 838-9793 to talk about your options.
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