Being charged with domestic violence can be life-altering. These cases often involve complex personal dynamics, intense emotions, and swift legal action. At Drew Fritsch Law Firm P.A., we understand the seriousness of these allegations and the urgent need for strong, experienced legal representation. If you’ve been arrested or accused of domestic violence in Charlotte County, our firm is here to help you protect your rights, your reputation, and your future.
What Is Domestic Violence in Florida?
Under Florida law, domestic violence refers to certain criminal acts committed by one household or family member against another. These include:
- Assault or aggravated assault
- Battery or aggravated battery
- Sexual assault or sexual battery
- Stalking or cyberstalking
- False imprisonment or kidnapping
- Any criminal offense resulting in physical injury or death
The law defines “family or household members” broadly. It includes spouses, former spouses, individuals related by blood or marriage, people currently or formerly living together, and individuals who share a child in common—even if they never lived together.
Penalties for Domestic Violence in Charlotte County
Domestic violence is taken very seriously by law enforcement and the courts. Even a first offense can carry harsh consequences, including:
- Mandatory jail time (even for a misdemeanor)
- Completion of a Batterer’s Intervention Program (BIP)
- Probation and community service
- Loss of firearm rights
- A permanent criminal record
- Immigration consequences for non-citizens
- Restraining or protective orders that can affect your access to your home or children
Felony domestic violence charges—such as aggravated battery or domestic violence by strangulation—can result in years of prison time.
The Impact of a Protective Order (Injunction)
In many cases, the alleged victim may seek a domestic violence injunction (also called a restraining order). This civil court order can significantly disrupt your life, even before your criminal case is resolved.
A protective order may:
- Prohibit you from contacting or coming near the alleged victim
- Force you to move out of your home
- Impact child custody or visitation rights
- Prevent you from possessing firearms
- Be used as evidence in a future criminal proceeding
Violating a protective order is a separate criminal offense and can result in immediate arrest and additional charges.
Common Defenses to Domestic Violence Charges
Every domestic violence case is unique, and the best defense depends on the specific facts of your situation. At Drew Fritsch Law Firm P.A., we investigate thoroughly and build a defense tailored to your needs. Possible defenses include:
False Allegations
In some cases, the alleged victim may have a motive to fabricate or exaggerate claims—often due to relationship breakdowns, divorce, or child custody disputes.
Lack of Evidence
Prosecutors must prove every element of the charge beyond a reasonable doubt. If there’s insufficient evidence—such as no injuries, no witnesses, or conflicting stories—your case may be reduced or dismissed.
Self-Defense
If you acted to protect yourself from harm, this may be a complete defense to the charges.
Mutual Combat
When both parties were engaged in a physical altercation, your attorney can argue that you were not the aggressor or that no crime was committed.
Procedural Errors
If police violated your rights during arrest, interrogation, or investigation, critical evidence may be suppressed.
Why You Need an Experienced Domestic Violence Attorney
Domestic violence cases move fast. Arrests are often made on the spot, and prosecutors can pursue charges even if the alleged victim does not want to press charges. You need a defense attorney who understands the Charlotte County court system and who can take immediate action to:
- Challenge the issuance of a protective order
- Negotiate with prosecutors for reduced charges or dismissal
- Present evidence and witnesses on your behalf
- Prepare a strong trial defense if necessary
At Drew Fritsch Law Firm P.A., we know how high the stakes are. Our legal team has handled thousands of criminal cases, including domestic violence charges, and we are committed to protecting your rights at every stage of the process.
Take Control of Your Defense Today
A domestic violence charge can affect your family, your career, and your freedom—but it does not have to define your future. Whether you are facing a first offense or have prior charges, Drew Fritsch Law Firm P.A. is here to help.
Contact us today for a confidential consultation. We will listen to your story, explain your legal options, and begin building a strategic defense on your behalf.