Domestic Violence Charges in Orlando: When Heated Moments Become Legal BattlesDomestic Violence

Domestic violence cases are often messy, fueled by intense emotions and, all too frequently, alcohol. Most of us have said or done things in the heat of the moment that we didn’t truly mean or that weren’t entirely accurate. The problem is, when anger and alcohol mix, those words and actions can land you in serious legal trouble. If you’re facing a domestic violence accusation in Orlando, the legal guidance of an experienced criminal defense attorney is absolutely vital.

For over 32 years, I’ve been practicing criminal defense in Central Florida, and I’ve seen how quickly these situations escalate from a heated argument to an arrest with severe consequences.

Can a Domestic Violence Case Be Dismissed?

Yes, domestic violence charges can be dismissed. Dismissal often comes down to two main categories:

1. Legal Issues: This might involve a “Stand Your Ground” defense, where a person in their home doesn’t have to retreat from a physical confrontation when defending themselves. (It’s more complicated than that, but you get the idea.)
2. Evidentiary Issues: We can present sworn statements that shed light on facts the police conveniently overlooked during their initial investigation. Let’s be honest: police are often more interested in separating an angry couple with an arrest than they are in uncovering the full truth. I’m just saying.

You can learn more about some of these issues by watching my video on dismissing domestic violence offenses:Domestic Violence Charges – Can They Be Dismissed?

Dispelling Myths About Domestic Violence Dismissals

There are more myths surrounding domestic violence charges than almost any other crime. Let’s tackle a couple of the big ones right now.

Myth 1: The alleged victim can just call the State Attorney and get the charges dropped. Unfortunately, one phone call to the prosecutor is not going to erase a battery accusation. The decision to file or drop criminal charges rests solely with the State, not with the alleged victim.

Myth 2: The alleged victim can simply file a “Declination of Prosecution” and the case will disappear. Just yesterday, I had a woman call asking how long it would take for charges to be dropped after she filed a “Declination of Prosecution” with the clerk. Her entire premise was flawed. Filing such a document is not some magic dismissal button. Far from it. That said, sworn affidavits, like a “Drop Charge Affidavit,” can be incredibly helpful. When used correctly, these statements can highlight facts the police left out of the arrest report, which can significantly help your case.

What Increases the Severity of a Domestic Violence Offense?

A domestic violence charge can be either a misdemeanor or a felony, depending on several factors, including the level of alleged injury and whether a weapon was used. For instance, if a husband hits his wife, and she sustains permanent injuries, this could escalate to a felony battery or even aggravated battery causing serious bodily injury.

Effective defense hinges on a thorough evaluation of the circumstances. We need to ask:

• How many people “saw” the alleged incident?
• What evidence is available (e.g., 911 recordings, photographs, medical reports)?
  • Side note: While 911 calls are almost always admissible, they are often an emotional, not entirely accurate, description of events.
• Is it merely a “He Said, She Said” case? (Be warned, witness testimony alone, even without physical evidence, can be enough for a conviction.)

I’ve seen countless cases where police investigators simply choose to believe the accuser rather than take the time to uncover real physical evidence. Shocking, I know. My firm examines all possible motives for the arrest: Was there a pending breakup or divorce? What is the true extent of the alleged injuries? Are they fresh, or can we find old photos that prove these injuries have been around for a while? (I’ve seen this scenario play out many times.) We also compare sworn statements, as alleged victims sometimes give one story to the police and another to a domestic court for an injunction. And don’t forget: a person arrested for domestic violence may still be immune from prosecution under Florida’s Stand Your Ground law.

What Makes a Simple Battery a “Domestic Violence” Case?

A “Domestic Violence” charge isn’t a separate crime; it’s a battery charge that is enhanced because of the relationship between the parties. If the couple is married, it’s an easy call. But what if they aren’t married and don’t live together? Our legislature has thought of that, calling it “dating violence.” A dating relationship is determined by considering:

• It must have existed within the past six months.
• It must have been characterized by an expectation of affection or sexual involvement.
• The frequency and type of interaction must have been continuous over time.

This definition specifically excludes casual acquaintances or ordinary social interactions. It’s designed to cast a wide net, ensuring that romantic partners, regardless of marital status, fall under the “domestic violence” umbrella.

Declination of Prosecution & Drop Charge Affidavits

As I mentioned, many domestic violence battery charges stem from incidents fueled by alcohol or intense anger. Often, upon sober reflection, alleged victims have a much more accurate view of what transpired. When this happens (and it happens a lot!), it’s crucial for the defense attorney to ensure the alleged victim’s accurate reflections are made known to the prosecution. This is typically done through a sworn document, commonly known as a Declination of Prosecution or a Drop Charge Affidavit.

However, any changed testimony can create problems, potentially exposing the witness to criminal liability for perjury or filing a false police report. Therefore, these affidavits must be drafted with extreme care. While some overly ambitious prosecutors may try to ignore their star witness’s new sworn statement, recanted testimony can be a significant hurdle for the State to overcome.

Can a Domestic Violence Battery Charge Be Proven If the Victim Doesn’t Appear?

This is a common question: “What happens if the victim doesn’t show up for trial?” Many people think if the victim doesn’t appear, the case automatically gets dismissed. Think about a murder case—the victim certainly doesn’t show up, but the State can still prove its case through other means.

In many ways, a domestic violence battery case can be even more complicated to prove without the alleged victim’s testimony. While there can be legal ramifications for a witness who fails to appear (assuming they were legally subpoenaed), it often makes the prosecutor’s job incredibly difficult. They might hope for an independent witness, like a neighbor or family member, but even these witnesses must be able to personally identify the alleged victim. Florida’s battery statute requires the State to prove the precise identity of the victim.

I’ve handled domestic violence cases that went to trial without a victim, and I’ve seen convictions overturned on appeal.

John’s Takeaways

An experienced attorney is essential. With over three decades of experience, I know how to navigate the complexities of domestic violence law in Central Florida and fight for your rights. “Can You Prove Battery Without a Victim?“.

Domestic violence cases are often complex and emotionally charged. They frequently involve alcohol, anger, or both, leading to unreliable initial statements.

Dismissal is possible. Whether through legal defenses like Stand Your Ground or by challenging evidentiary issues, these charges can be fought.

Don’t believe the myths. An alleged victim cannot simply call the State Attorney or file an affidavit to make charges disappear. The State controls the prosecution.

Enhancements are common. A simple battery becomes “domestic violence” due to the relationship, and other factors like injury or prior record can escalate it to a felony.

Uncooperative victims create challenges for the State. While prosecutors can compel testimony, a reluctant witness or a properly drafted “Declination of Prosecution” can significantly weaken the State’s case.

Every detail matters. From 911 calls to social media posts, a thorough defense examines all angles to uncover weaknesses in the prosecution’s evidence.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.

Speak With an Orlando Domestic Violence Attorney Today

If you have been charged with any type of domestic battery, you need immediate, effective defense work that our law firm offers. We urge you to contact us today for a free consultation. Call an Orlando domestic violence lawyer today for help.