Criminal Charges & Protective Orders
Domestic Violence and Injunctions
A domestic-violence arrest and a protective-injunction case are related — but legally distinct — proceedings.
The charge and the injunction move together.
Defense for domestic violence allegations and representation in injunction proceedings.
An injunction hearing can arrive quickly and run alongside a criminal case, with consequences of its own.
Orientation
Understanding the charge or proceeding
An allegation involving a spouse, former spouse, co-parent, relative, or current or former household member can trigger a criminal investigation, release conditions, a separate civil injunction petition, housing and parenting consequences, and firearm restrictions. Each order must be read and followed exactly while the evidence is preserved and the legal response is prepared.
Florida section 741.28 defines domestic violence to include specified offenses — such as assault, aggravated assault, battery, aggravated battery, sexual assault or battery, stalking, aggravated stalking, kidnapping, false imprisonment, or another criminal offense causing physical injury or death — when committed by one qualifying family or household member against another. The qualifying relationship generally includes spouses, former spouses, people related by blood or marriage, people who live or previously lived together as a family, and parents of a child in common. Except for co-parents, the statute generally requires current or former residence together in one dwelling.
The criminal case and the injunction case are separate proceedings. In the criminal case, the State prosecutes an alleged offense and release conditions may include no contact; the complaining witness does not personally drop charges, because the prosecutor makes charging decisions, although witness participation and the evidence may affect the case.
In the civil injunction case, a petitioner asks the circuit court for protection. Under section 741.30, a qualifying person who is a victim of domestic violence, or who reasonably believes they are in imminent danger of becoming one, may petition. A temporary order may issue before any hearing, and a final hearing follows on the court's schedule.
Scope
Matters this area can include
Domestic battery and assault allegations
Violation-of-order allegations
Temporary injunctions
Final injunction hearings
Respondent representation
Overlapping release conditions
Firearm consequences
The Burden
What must be established
For the criminal case: the elements of the underlying offense the State has charged.
For the criminal case: the qualifying family or household relationship the domestic-violence definition requires.
For an injunction: that the petitioner is a qualifying person under the statute.
For an injunction: that the petitioner is a victim of domestic violence, or has reasonable cause to believe they are in imminent danger of becoming one.
For a violation allegation: proper service or notice of the order, and that the specific conduct was actually prohibited by its terms.
Consequences
What is at stake
In the case itself
Beyond the courtroom
The Record
Evidence and issues counsel may examine
911 audio, body-camera, scene photographs, medical records, witness accounts, and the timing of reported injuries.
Messages, call logs, emails, social posts, doorbell or home video, location data, and the complete context of a conversation rather than an excerpt.
The qualifying relationship, prior cases or orders, the dates and details alleged, service, notice, and exactly what conduct the order prohibits.
Inconsistent statements, self-defense, defense of another, accident, misidentification, motive, context, hearsay questions, and corroboration.
Whether contact was direct or indirect, intentional, and actually prohibited by the order as written.
Parenting and family-court orders that may overlap, recognizing that an injunction matter is not a substitute for family-law advice.
The Approach
How the firm handles these matters
Preparation for the injunction hearing and the criminal case together.
Development of context, communications and witness accounts.
Clear guidance on no-contact conditions while the case is pending.
Sequence
How the process may unfold
Report and response
Law enforcement responds, separates the parties, and documents statements and any visible injuries.
Arrest and release conditions
If an arrest occurs, first appearance addresses custody and typically imposes no-contact conditions.
Petition and temporary order
A petition may be filed in the circuit court, and a temporary order can issue before any hearing takes place.
Service and the response window
The respondent is served and must prepare for a hearing that is often scheduled within days.
Final hearing
The judge hears testimony, considers properly presented evidence, and decides whether final relief is warranted and on what terms.
The criminal case continues
The criminal matter proceeds on its own schedule, with its own burden, procedure, and possible outcomes.
Inquiry
Questions that can shape the defense
Does the qualifying relationship the statute requires actually exist here?
What does the complete message thread show, rather than the excerpt attached to the petition?
Was the contact alleged actually prohibited by the wording of the order?
Is there physical evidence, medical documentation, or video that tests the account?
Was the force described defensive, and does the physical evidence match that?
Was the respondent properly served, and did they have notice before the conduct alleged?
Practical Steps
What to do now
Questions & Answers
Frequently asked questions
Is a domestic-violence injunction a criminal conviction?
No. It is a civil protective order, but violating it can create criminal consequences and the order itself can affect important rights.
Is the injunction case separate from a criminal charge?
Yes. The cases may arise from the same allegations but have different parties, procedures, burdens, and possible outcomes.
Can the alleged victim drop criminal charges?
The prosecution controls the criminal charge. A person's wishes may be considered, but they do not automatically end the case.
What happens at a final injunction hearing?
The judge hears testimony, considers properly presented evidence, and decides whether the statutory requirements for final relief are met and what terms apply.
Can I respond if the protected person contacts me first?
Follow the order exactly. Their initiation does not necessarily authorize a response. Obtain legal advice or seek court modification through proper procedure.
Can an injunction affect firearm rights?
Yes. Qualifying orders may trigger Florida and federal firearm restrictions.
Can an injunction be modified or dissolved?
Florida law permits a party to move to modify or dissolve specified injunctions, but the correct procedure and proof depend on the order and the circumstances.
What evidence should I preserve?
The petition, temporary order, proof of service, hearing notice, complete messages, call logs, videos, photos, witness information, prior orders, and relevant court records.
Related Resources
Useful while your case is pending
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