Domestic Violence Allegations: How to Protect Your Rights in Court
Domestic violence allegations carry serious legal and personal consequences. In Florida, courts take these accusations seriously, and if you're facing such charges, your future could be at stake. I've worked with many clients accused of domestic violence, and I've seen how overwhelming it can feel.
I want to be sure that those accused of domestic violence in Florida understand how to protect their rights in court with Venessa Bornost, P.A. Whether the charges stem from a misunderstanding, false accusation, or heated argument, there are steps you can take to approach the situation with a clear strategy.
What Domestic Violence Charges Involve
In Florida, domestic violence is defined under Florida Statutes § 741.28. The law covers offenses committed by one household or family member against another. This includes spouses, former spouses, individuals related by blood or marriage, those currently or previously living together, and people who share a child.
Charges may involve assault, battery, stalking, kidnapping, or other acts that result in physical injury or the threat of harm. Even without visible injuries, an accusation alone can lead to an arrest and a no-contact order. In many cases, the accused is removed from the home and restricted from contacting the alleged victim—even before the case is resolved.
Take Immediate Action After an Arrest
If you've been arrested, the first hours and days are critical. You're likely under emotional stress, but the decisions you make early on can influence the outcome of your case.
Avoid speaking to law enforcement or giving any statements. Anything you say can be used against you in court. Even if you believe you can explain what happened, it's safer to exercise your right to remain silent.
Next, I recommend contacting a criminal defense attorney with experience handling domestic violence charges in Florida. They can help assess your case, explain your options, and begin building your defense strategy right away.
Know Your Rights and Protect Them
Every person accused of a crime in the United States has constitutional rights. In domestic violence cases, it's especially important to protect the following:
Right to remain silent: You don’t have to answer police questions without a lawyer present.
Right to legal representation: You have the right to work with a criminal defense attorney who will advocate on your behalf.
Right to a fair trial: You're presumed innocent until proven guilty, and the prosecution must prove each element of the charge beyond a reasonable doubt.
Don’t waive these rights in an effort to be cooperative. Protecting them is your first step toward building a strong defense.
Understand the Court Process
Domestic violence charges in Florida typically follow a structured legal process:
First appearance: Within 24 hours of your arrest, you'll appear before a judge. Bail may be set, and a no-contact order is often issued.
Arraignment: This is when you formally enter a plea. It's important to consult your attorney before this step.
Pretrial hearings: During this phase, evidence is shared, motions can be filed, and plea discussions may take place.
Trial: If the case proceeds to trial, both sides present evidence, and the judge or jury delivers a verdict.
I work with our clients to prepare at each stage. Every case has different challenges, so I tailor our criminal defense strategies to the specific facts and legal issues involved.
Respond Carefully to No-Contact Orders
If a no-contact order is issued, you must follow it fully. This order prohibits any form of contact with the alleged victim, including phone calls, text messages, social media messages, or contact through a third party.
Violating this order—even unintentionally—can lead to additional charges. It can also damage your defense and reduce your credibility in court. If you believe the order is unjust or is being used unfairly, I can help you seek modification through the court rather than taking matters into your own hands.
Collect Evidence While It's Still Available
Time can affect evidence, so it’s important to act quickly. Your criminal defense may benefit from various forms of documentation, depending on the nature of the charges.
Helpful evidence might include:
Text messages, emails, or social media messages that show context or contradict the accusation
Photographs or video recordings from the time of the incident
Witness statements from people present during the alleged incident
Documentation of injuries (or lack thereof)
Medical or mental health records if relevant
I work with my clients to identify, organize, and secure the right evidence to support their defense. In some cases, gathering this information early can help resolve the case before it even reaches trial.
Don’t Rely on the Accuser Changing Their Mind
Some people assume that if the alleged victim recants or wants to drop the charges, the case will be dismissed. In Florida, that’s not always the case. Prosecutors can—and often do—continue with the charges, even when the accuser no longer wishes to proceed.
This means that building a defense doesn’t depend on whether someone withdraws their statement. I always prepare my cases based on the evidence and legal arguments, not the assumption that things will resolve on their own.
Consider the Impact on Your Record and Future
A domestic violence conviction in Florida has lasting consequences. Beyond possible jail time and fines, it may lead to:
Loss of certain civil rights, such as firearm ownership
Barriers to employment, housing, or licensing
Difficulty with child custody or visitation arrangements
Damage to your reputation and relationships
I always take these long-term effects into account when developing a criminal defense. In many cases, avoiding a conviction—or even having the charge dismissed—is possible with the right approach.
Evaluate the Possibility of Pretrial Diversion
Depending on your record and the specifics of your case, pretrial diversion may be available. This is a program offered in some Florida counties that allows eligible defendants to complete counseling, community service, or other conditions in exchange for a dismissal of charges.
Pretrial diversion isn’t available in every case, and admission into the program often requires early intervention. If it’s a realistic option, I’ll help you weigh the benefits and risks. For some clients, this path allows them to avoid trial and move forward without a criminal conviction.
Prepare for Trial if Necessary
When a case proceeds to trial, preparation is everything. I help our clients understand how the process works, what to expect, and how to present themselves in court.
Trial preparation may include:
Reviewing witness testimony and preparing for cross-examination
Identifying inconsistencies in the prosecution’s evidence
Developing a theory of defense that aligns with the facts and the law
Practicing courtroom demeanor and responses under pressure
I make sure my clients feel informed, involved, and ready. A solid criminal defense takes more than legal arguments—it requires thorough preparation and steady guidance throughout the process.
Be Aware of How Domestic Violence Accusations Affect Custody Cases
For parents facing domestic violence charges, custody issues may also come into play. Florida courts make custody decisions based on the child’s best interests, and allegations of violence can affect those decisions—even before a conviction occurs.
If you have a pending custody case or expect one to arise, it’s important to understand how the domestic violence charges could influence it. I coordinate with family law counsel when needed to make sure your rights as a parent are also considered in the broader legal context.
Stay Away From Public Statements or Social Media
Posting about your case online—even indirectly—can damage your defense. I've seen situations where a single social media comment was used against someone in court. It's best to avoid posting anything that could be misinterpreted, including vague references or emotional outbursts.
I advise our clients to stay silent on social platforms and avoid discussing the case with anyone other than legal counsel. This includes responding to accusations or defending yourself in public. Let us handle your defense through the legal process, where it matters most.
Work With a Defense Lawyer You Trust
The attorney you work with can make a significant difference. You need someone who listens, communicates clearly, and knows how to approach domestic violence charges in Florida. I am committed to advocating for our clients and protecting their rights at every stage.
A strong criminal defense doesn’t rely on one strategy—it depends on understanding the facts, the law, and the people involved. I focus on each case individually, always working toward the best outcome for the person I’m representing.
Call Venessa Bornost, P.A. Today
Facing domestic violence allegations is serious, but it doesn’t have to define your future. I serve Dunedin, Florida, as well as Hillsborough and Pasco County. Contact me at Venessa Bornost, P.A. today to get started with my legal services.