Chad M. Seibel
Criminal Defense
407.846.8008
Domestic Violence Defense in Kissimmee and Osceola County
In Florida, "domestic violence" isn't a single crime. It's a label attached to certain offenses, such as assault, battery, stalking, or false imprisonment, when the people involved are family or household members (§ 741.28, Florida Statutes). That includes 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. Dating relationships are handled under related laws.
What the Most Common Charges Actually Require
• Assault (§ 784.011): an intentional, unlawful threat, by word or act, to do violence, with an apparent ability to carry it out, that creates a well-founded fear that violence is imminent. No touching is required.
• Battery (§ 784.03): either intentionally touching or striking someone against their will, or intentionally causing bodily harm. The first form doesn't require any injury or intent to injure.
• Felony versions include Aggravated Assault & Battery and Domestic Battery by Strangulation.
Why Domestic Cases Are Different
• No bond until first appearance: a person arrested for domestic violence must see a judge before being released.
• No-contact orders are routine and can keep someone out of their own home. Violating one is a separate crime.
• Prosecution doesn't depend on the alleged victim. The State decides whether to proceed, even if the other person doesn't want charges.
• Lasting consequences: possible mandatory jail when bodily harm is found, a batterers' intervention program, firearm restrictions, and the fact that domestic battery can't be sealed. Recent changes to Florida law also increase penalties for people with prior domestic violence convictions.
• A related civil Injunction case often runs alongside the criminal case, with its own hearing and consequences.
How We Defend Domestic Cases
These cases are often built on one person's account of a private moment. We look at what the 911 call, body camera, photos, and witnesses actually show; whether there was self-defense; and whether the relationship even meets the statutory definition. Early involvement can matter before the State decides what to file.
For more, see Domestic Battery by Strangulation, Injunction Defense, Stalking & Cyberstalking, and our Spanish page Violencia doméstica.
In Florida, "domestic violence" isn't a single crime. It's a label attached to certain offenses, such as assault, battery, stalking, or false imprisonment, when the people involved are Can’t go home because of a no-contact order? Depending on the case, a lawyer may ask the court to modify it. (§ 741.28, Florida Statutes). That includes 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. Dating relationships are handled under related laws.
Free, confidential consultation: call or text 407-846-8008. Hablamos español.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.