How to Get a Domestic Violence Charge Dropped in Orlando

By: John Guidry II

I have to start with a bit of bad news: the fact that you are innocent does not mean your domestic violence charge will simply go away. A case will not defend itself. The key to getting a battery domestic violence charge dropped is to proactively provide the prosecutor with “the rest of the story.”

Police reports are almost always one-sided. An officer arrives at a chaotic scene, makes a quick judgment, and writes a report that justifies their arrest. My name is John Guidry, and for over 32 years, my job has been to present the full truth to the prosecutor—the part that the police report conveniently leaves out.

Arrested for Domestic Violence in Central Florida? A one-sided police report does not have to be the final word. Call my office to discuss how we can tell your side of the story. Call John Guidry: (407) 423-1117

The Strategy: Changing the “Spin” on the Facts

Our approach is part facts and part perspective. The same set of facts can lead to two completely different conclusions, depending on how they are presented.

Years ago, a shoe company sent two of its best salespeople to Africa. The first one reported back, “Boss, I have terrible news. No one here wears shoes, so we can’t sell any.” The second salesperson called the CEO, ecstatic: “This is the best opportunity ever! No one here wears shoes, so we can own the entire market!”

This is exactly what we must do with the facts of your case—put a totally different spin on them.

How This Strategy Works: A Real-World Case Study

A prosecutor once thought he had an airtight case. An independent neighbor saw my client “violently” push his wife down in their front yard. Prosecutors love independent witnesses.

The problem? The neighbor only saw the push; she didn’t hear what was said right before it happened.

We obtained a sworn statement from the wife—what we call a “Declination of Prosecution” or “Drop Charge Affidavit.” In her statement, she explained the full context: just before the push, she had told her husband she was going inside to get her shotgun. Her husband, fearing for his safety, pushed her to create distance and escape.

Suddenly, the “violent push” was no longer a battery. It was clearly self-defense. The prosecutor knew it and had no choice but to drop the charge.

Why a Powerful Witness Statement is Key

This is why these witness statements are so critical, but they have to be done right. A weak statement from the alleged victim simply saying, “I want to drop the charges,” is almost useless. The State of Florida, not the victim, is the one pressing charges, and they can and will proceed without the victim’s cooperation.

However, a strong statement that introduces new facts and context—like self-defense—makes the case legally unprovable. And while prosecutors don’t have to drop a case their victim wants dropped, they must drop a case they cannot prove. That is a beautiful thing.

These statements are tricky and should never be done alone. Don’t waste your one opportunity to tell the rest of the story. I’m John Guidry. If you’re facing a domestic violence charge in Orange, Seminole, or Osceola County, give me a call. Let’s talk about the whole truth of what happened in your case.

If you’d like to watch a bit more on how battery domestic violence cases work in Central Florida, check out my YouTube video “What to Do If You’re Arrested for Battery Domestic Violence: Lawyer Pro Tips“.

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.