Domestic Violence

Domestic Violence Attorney Daytona Beach, FL

Representation for Domestic Abuse Charges in Volusia County

Domestic violence is a serious and sensitive issue that affects many individuals and families in society. In Daytona Beach, Florida, as in the rest of the state, cases of domestic violence are dealt with according to the law, which is designed to protect victims and ensure justice is served. When faced with a serious criminal offense like domestic violence, one’s personal freedom can become highly threatened. This creates a very stressful situation that must be dealt with boldly with the confidence of an experienced Daytona Beach domestic violence lawyer.

Hager & Schwartz, P.A. is a renowned legal firm specializing in domestic violence defense, providing expert guidance and representation to individuals facing such charges. If domestic violence charges in Volusia County or Daytona Beach are complicating your life and causing you stress, an attorney from Hager & Schwartz, P.A., will gladly help in your fight for justice. If convicted of domestic violence in Volusia County, there are certainly going to be consequences, which is why it is in your best interest to take immediate action by hiring a dependable Daytona Beach domestic violence defense attorney.

Contact our Daytona Beach domestic violence lawyers at (386) 693-1637 for a consultation today!

Florida Definition of Domestic Violence

Florida Statute 741.28 defines domestic violence as any criminal offense resulting in physical injury, death, or any act that causes a reasonable person to fear for their safety. This includes any of the following:

  • Assault
  • Aggravated assault
  • Battery
  • Aggravated battery
  • Sexual assault
  • Sexual battery
  • Stalking
  • Aggravated stalking
  • Kidnapping
  • False imprisonment

This statute also outlines the relationships that fall under the umbrella of domestic violence ("family or household member"), including spouses, former spouses, individuals related by blood or marriage, individuals living together as a family, and individuals who have a child in common.

Emotional and Psychological Abuse

It's important to note that domestic violence is not limited to physical harm; emotional and psychological abuse can also be considered forms of domestic violence. Florida police can arrest people for threats of violence even if they never act out their threats. 

Types of Physical Actions Considered Domestic Violence

Therefore, the following physical actions are considered domestic violence:

  • Slapping
  • Punching
  • Throwing an item
  • Kicking
  • Tripping
  • Pushing or pulling

Penalties for Domestic Violence in Florida

Penalties for domestic violence offenses in Florida vary depending on the severity of the offense and the defendant's criminal history. 

The following is a minimum penalty for a conviction of domestic violence including bodily harm:

  • A minimum of 5 days in county jail for a first-time offense involving bodily harm

The potential penalties for Florida domestic violence cases vary drastically due to Florida’s laws. Under the law, a domestic violence case can be charged as another criminal offense depending on the circumstances surrounding the situation. For example, a threat of physical harm could be charged as assault, while actual contact could be charged as battery. An assault charge is a second-degree misdemeanor, while the battery charge is a first-degree misdemeanor.

Misdemeanor Domestic Violence Penalties in Florida

  • Second-degree misdemeanor domestic violence:
    • Imprisonment for up to 60 days
    • Fine of up to $500
    • The defendant must attend a batterers’ intervention program
    • A no-contact order may be imposed
  • First-degree misdemeanor domestic violence:
    • Imprisonment for up to one year
    • Fine of up to $1,000
    • The defendant must attend a batterers’ intervention program
    • A no-contact order may be imposed

Florida Penalties for Felony Domestic Violence

Felony domestic violence charges in Florida carry serious penalties due to the potentially grave nature of the offenses. The penalties for felony domestic violence can vary based on the specific charge, the severity of the offense, and the defendant's criminal history.

  • Third-Degree Felony Domestic Violence: This charge can result from certain types of battery or aggravated battery offenses.
    • Up to 5 years in prison
    • Up to $5,000 in fines
    • Probation
  • Second-Degree Felony Domestic Violence: These charges can result from more serious battery or aggravated battery offenses, especially those involving serious injury.
    • Up to 15 years in prison
    • Up to $10,000 in fines
    • Probation
  • Aggravated Assault with a Deadly Weapon or Firearm: This offense involves the threat of violence with a weapon or firearm.
    • Imprisonment for up to 5 years
    • Up to $5,000 in fines
    • Probation
  • Aggravated Battery with a Deadly Weapon or Firearm: Aggravated battery involves causing serious bodily harm using a weapon or firearm.
    • Up to 15 years in prison
    • Up to $10,000 in fines
    • Probation
  • Kidnapping: This involves forcibly confining or abducting someone against their will.
    • Minimum of 7 years in prison to a potential life sentence
  • Sexual Battery: Sexual battery involves non-consensual sexual intercourse.
    • Minimum of 8 years in prison to a potential life sentence
  • False Imprisonment: False imprisonment involves intentionally restraining or confining someone against their will.
    • Imprisonment for up to 5 years
    • Up to $5,000 in fines
    • Probation
  • Violation of a Restraining Order or Injunction: If a person violates a restraining order or injunction related to domestic violence, they can face felony charges.
    • Imprisonment and fines, depending on the circumstances.

Elements for Prosecution to Prove in a Florida Domestic Violence Case

For the prosecution to secure a conviction in a Florida domestic violence case, they must prove certain elements beyond a reasonable doubt. These elements include:

  1. The defendant committed a criminal offense (e.g., assault, battery, etc.).
  2. The victim falls within the legal definition of a domestic relationship.
  3. The defendant's actions caused injury, harm, or fear in the victim.

It's crucial for the prosecution to establish all these elements in order to build a strong case against the defendant.

Can the Victim Drop Domestic Violence Charges?

In cases of domestic violence, the decision to drop charges lies with the prosecution, not the victim. Once charges are filed, the victim's wishes are taken into consideration, but the final decision to proceed with or drop the charges rests with the state. This is because domestic violence is considered a crime against the state, as well as against the victim.

Defense Options for Florida Domestic Violence Charges

Individuals facing domestic violence charges in Florida have the right to a strong defense. Hager & Schwartz, P.A. specializes in domestic violence defense and offers several defense options, including:

  • Self-defense: If the defendant's actions were in response to a threat or attack, self-defense may be a viable defense strategy.
  • False accusations: It's possible for individuals to be falsely accused of domestic violence due to misunderstandings, personal vendettas, or other motives. A skilled Daytona Beach domestic violence defense attorney can help uncover evidence to prove the defendant's innocence.
  • Lack of evidence: Prosecution must prove the defendant's guilt beyond a reasonable doubt. If there is insufficient evidence to support the charges, the case may be dismissed.
  • Violation of rights: If law enforcement violated the defendant's constitutional rights during the arrest or investigation, it can weaken the prosecution's case.
  • Alibi: If the defendant can provide evidence that they were not present at the scene of the alleged offense, it can cast doubt on their involvement.

What If I'm Falsely Accused?

Being falsely accused of domestic violence can have devastating consequences. It's essential to remember that everyone is entitled to the presumption of innocence until proven guilty.

If you find yourself in such a situation, here are some steps to consider:

  • Seek legal representation: Contact an experienced domestic violence defense attorney in Daytona Beach as soon as possible to protect your rights and build a strong defense strategy.
  • Gather evidence: Collect any evidence that supports your innocence, such as witnesses, alibis, text messages, or surveillance footage.
  • Document interactions: Keep a record of any interactions with the accuser or any other relevant parties. This documentation can help establish a pattern of behavior or demonstrate inconsistencies in their claims.
  • Stay composed: It's understandable to feel anger and frustration, but it's important to remain composed and avoid confrontations that could escalate the situation further.
  • Follow legal advice: Your Daytona Beach domestic violence lawyer will guide you through the legal process. Follow their advice and cooperate fully to achieve the best possible outcome.

Seek Legal Relief from Hager & Schwartz, P.A.

At Hager & Schwartz, P.A., our Daytona Beach domestic violence attorneys have the legal knowledge to effectively fight restraining orders and will work hard to protect your reputation and freedom by preventing the court system’s placement of any unnecessary orders upon you. If you choose to work with our firm, you can breathe easier knowing that we will do everything in our power to ensure that you are given the legal assistance that you truly deserve in fighting to protect your future.

If you have been accused of domestic violence in Volusia County, please contact a Daytona Beach domestic violence defense lawyer today for assistance! Call us at (386) 693-1637.

A Firm With A Winning Record

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  • Drug Crime
  • Domestic Violence Battery
  • Aggravated Assault


  • I thoroughly recommend Brett Schwartz as a defense attorney.

    “I thoroughly recommend Brett Schwartz as a defense attorney. He worked tirelessly and relentlessly to get my case dropped even before it went to trial. He succeeded, although the odds were heavily stacked against us.”

  • Should you ever need a defense attorney, he is the person to contact.

    “I was referred to Brett Schwartz by a friend facing very serious charges. He was very understanding and also very honest, walked us through the process of what could happen from beginning to end best case scenario and of course worst case scenario.”

  • If you need help go see Brett!

    “We worked with Brett on a domestic violence charge. He was the third lawyer we went to and we FINALLY got the result we desired. His knowledge of the law, the system and straightforwardness are beyond impressive.”

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