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Orlando Domestic Violence Defense Attorney - The AM Lawyer, P.A.
24/7 domestic violence intervention when you're accused — no contact orders, injunction hearing & no bond before your first appearance in Central Florida.
Under Florida's mandatory arrest protocol, anyone arrested for domestic violence is held without bond until a judge rules at First Appearance. Every hour without a defense attorney is an hour working against you. Serving Orlando, FL and Orange, Osceola, and Seminole counties across Central Florida.
Understanding Florida's Domestic Violence Laws
If you've been accused in Orlando, FL — including Orange County, Osceola County, Seminole County, and throughout Central Florida — the charges you face are defined by Florida Statute § 741.28 (Domestic Violence definition and offenses, domestic battery penalties, mandatory jail time for bodily injury). Knowing exactly what the law says is the first step in building your defense.
Definition & Offenses
Under Florida Statute § 741.28, "domestic violence" is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another. The statute covers spouses, former spouses, people related by blood or marriage, people who live together as a family, and people who have a child in common.
Domestic Battery Penalties
A first domestic battery charge is prosecuted as a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. A second or subsequent conviction can be enhanced to a third-degree felony, carrying up to five years in state prison. Prosecutors in the 9th Judicial Circuit pursue these cases aggressively — a conviction also carries mandatory batterer's intervention classes and a permanent domestic violence record.
Mandatory Jail Time for Bodily Injury
If the court finds that the domestic battery resulted in bodily injury to the victim, Florida law requires a minimum mandatory sentence of 10 days in county jail — the judge has no discretion to waive it. This mandatory-jail provision is why early, aggressive intervention after an arrest is critical, before the case moves further into the system.
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Criminal Charges vs. Injunctions: Know the Difference
Being accused of domestic violence in Orlando, FL — including Orange County, Osceola County, Seminole County, and all of Central Florida, can trigger two separate, overlapping legal battles. The AM Lawyer, P.A. provides criminal defense in the 9th Judicial Circuit and defending against civil protective orders/no-contact orders. Understanding which fight you're in — or both — is the first step to protecting your freedom, your record, and your future.
Criminal Charges
This is the case brought by the State Attorney's Office in the 9th Judicial Circuit. It determines guilt or innocence on the underlying DUI charge and carries penalties such as fines, probation, and potential jail time.
- Prosecuted by the State Attorney's Office in the 9th Judicial Circuit, not filed by the accuser.
- •Can result in arrest, mandatory jail time, probation, or a permanent criminal record.
- •The State — not the alleged victim — decides whether to pursue or drop the case.
- •A conviction carries lifelong consequences for employment, housing, and firearm rights.
Injunctions & Protective Orders
Separate from the criminal case, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) automatically moves to suspend your driving privilege. This track runs on its own strict clock, regardless of what happens in criminal court.
- A civil process the alleged victim files directly in family court — no prosecutor required.
- •Can result in a no-contact order restricting where you live, work, and who you may speak to.
- •Violating the no-contact order is a separate criminal offense, even if the underlying case is resolved.
- •Can immediately affect child custody, firearm ownership, and your Florida driving privileges.
Proven Defense Strategies That Work
False accusations in divorce/custody disputes, self-defense / Stand Your Ground, lack of physical evidence/independent witnesses, and navigating victim recantation realities under Florida prosecution policies — these are the battlegrounds where domestic violence cases are won or lost. Serving Orlando, Orange County, Osceola County, Seminole County, and all of Central Florida, we build an aggressive, fact-driven defense tailored to the realities of your case.
False Accusations in Divorce & Custody Disputes
Domestic violence allegations are frequently weaponized during contentious divorce and custody battles. We dig into timing, motive, and inconsistencies to expose accusations made for strategic advantage rather than safety.
Self-Defense / Stand Your Ground
Florida law protects your right to defend yourself. When the evidence shows you were responding to an aggressor, we build a Stand Your Ground defense that can lead to immunity from prosecution.
Lack of Physical Evidence or Independent Witnesses
Many domestic violence charges rest on a single account with no corroborating injuries, medical records, or independent witnesses. We challenge the state to prove its case beyond a reasonable doubt — not just an accusation.
Victim Recantation Under Florida Prosecution Policy
Florida's 9th Judicial Circuit often proceeds even when an accuser wants to drop charges. We know how to navigate recantation realities, present the full context to the court, and advocate for dismissal where the facts support it.
The Attorney Advantage: A Former Prosecutor on Your Side
Attorneys Pedro A. Matos & former prosecutor Gilbert R. Arroyo defend clients accused of domestic violence throughout Orlando, FL — including Orange County, Osceola County, Seminole County, and all of Central Florida. Every case is met with aggressive courtroom representation and full bilingual Spanish/English defense, backed by a legal team that has seen the prosecution's playbook from the inside.
Pedro A. Matos
Founding Attorney & Lead Criminal Defense Attorney
Attorney Pedro Matos builds an aggressive courtroom defense for every client accused of domestic violence or domestic battery across Orange, Osceola, and Seminole Counties — fighting to protect your record, your freedom, and your future from the moment you call.
Gilbert R. Arroyo, Esq.
Criminal Defense Attorney & Former Prosecutor
As a former prosecutor in Central Florida, Gilbert Arroyo has stood on the other side of the courtroom. He knows exactly how the State builds a domestic violence case in the 9th Judicial Circuit — and exactly how to dismantle it in your defense.
Aggressive Courtroom Representation
Gilbert Arroyo fight every charge directly in court, challenging the State's evidence at every hearing instead of settling for the easiest outcome for the prosecution.
Bilingual Spanish/English Defense
Your case, your rights, and every step of the legal process explained clearly in the language you're most comfortable with — full representation available in Spanish and English.
Insider Knowledge of the 9th Judicial Circuit
Former prosecutor insight into how domestic violence cases are charged and tried in Orange, Osceola, and Seminole Counties gives your defense a decisive, strategic edge.
Also Facing an Injunction (Restraining Order) Hearing in Orlando?
Injunctions are a separate civil process that can move quickly and can restrict contact, housing, and other rights. Temporary injunctions may be entered fast, and final hearings can affect custody, firearms, and public records. If you’ve been served or have a hearing date, preparation and evidence matter. Many people make the mistake of trying to “work things out” and accidentally violate an order. Don’t risk that.
Florida commonly recognizes multiple injunction categories, and choosing the right strategy depends on which petition was filed: domestic violence, dating violence, repeat violence, sexual violence, and stalking-related injunctions. Each comes with different issues and hearing dynamics, but all can carry serious consequences if mishandled.
Urgent Questions, Answered
Clear, plain-language answers for clients across Orlando, Orange County, Osceola County, Seminole County, and Central Florida who need to understand what happens next — right now.
Can I go back home if there's a no-contact order?
Sometimes release conditions include “no contact” and/or “stay away” terms that can keep you away from the home, even if you live there. A no-contact condition is a court order. Violating it can lead to a new arrest or stricter conditions. A lawyer can evaluate whether a modification request is realistic based on the allegations.
How do I modify or lift a no-contact order?
Typically only the court can change the conditions. Even if the other person “agrees,” that isn’t enough by itself. Your attorney can file a motion to modify and ask for narrowly tailored changes (for example, limited contact regarding children in common, or a “no hostile contact” provision), depending on the allegations, safety concerns, and what the judge will allow.
Is domestic violence a felony or a misdemeanor in Florida?
It depends on the specific charge and facts. “Domestic violence” is a category tied to relationship status and certain offenses. A case can be filed as a misdemeanor or a felony depending on injury, prior history, whether or not weapons were used, strangulation allegations, whether the alleged victim is pregnant, and other factors.
Will I go to jail for a first-time domestic violence battery?
A first-time domestic violence arrest in Florida can still result in jail or prison time, but it isn’t automatic. The likelihood increases depending on the facts, especially if the allegations support a more serious charge (like felony battery or domestic battery by strangulation) or if there’s an alleged violation of a no-contact order.
Can a case continue if the alleged victim wants to drop the charges?
Yes. The case is prosecuted by the State. Even if someone recants, prosecutors may rely on other evidence like 911 calls, body-worn camera video, photographs, medical records, or witness statements.
What if accusations are false? What defenses exist?
Every case is fact-specific. Common defense strategies include lack of evidance, self-defense, credibility challenges, inconsistent statements, and alibis.
Can a domestic violence case affect child custody or timesharing?
Yes. A no-contact order may affect custody. Courts may impose supervised contact or other safeguards depending on the allegations. A defense plan should account for both the criminal case and any family-law consequences.
Can this impact firearm rights?
Yes. Conditions of release, injunctions, and certain outcomes can affect your ability to possess firearms.
What if I'm not a U.S. citizen. Can DV charges have immigration consequences?
Arrests and court records can affect employment and housing. Whether sealing or expungement is available depends on eligibility rules and the final outcome. A consultation can clarify options based on your specific disposition.
Will this show on a background check? Can I seal or expunge it?
Arrests and court records can affect employment and housing. Whether sealing or expungement is available depends on eligibility rules and the final outcome. A consultation can clarify options based on your specific disposition.
Charged with domestic violence in Orlando? Talk to a defense lawyer before you make statements or risk a violation.
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