Tampa Domestic Violence Defense Attorney

Experienced Tampa Domestic Violence Defense Lawyer

Aggressive. Strategic. Relentless.

Facing an accusation of domestic violence in Tampa or Hillsborough County is a profoundly challenging experience. Even the initial allegations can trigger immediate and severe consequences – including arrest, damage to your reputation, mandatory no-contact orders, and potentially losing access to your home or children. These life-altering events can unfold rapidly. Our experienced Tampa domestic violence attorney can change the course of the accusation and the case.

At The Brancato Law Firm, P.A., our commitment goes beyond merely defending against criminal charges. We are dedicated to preserving your reputation, protecting your freedom, and securing your future.

Our firm is led by experienced Tampa trial attorney Rocky Brancato, author of How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for that Matter, bringing over 25 years of extensive courtroom experience handling Florida’s most serious criminal cases, including those that arise within sensitive intimate relationships. We possess a deep understanding of the complex emotional dynamics inherent in these situations and recognize how swiftly baseless accusations can escalate into formal charges.

Understanding Domestic Violence in Florida

Under Florida Statute 741.28, domestic violence is defined to include assault, battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, when committed by a family or household member. This definition encompasses relationships such as:

• Current and former spouses
• Individuals who currently or previously resided together as a family unit
• Parents who share a child, regardless of whether they were ever married or lived together

In Florida, an arrest for domestic violence frequently mandates jail time, even for individuals with no prior criminal record. Judges are legally precluded from authorizing release until after a hearing specifically designed to consider the alleged victim’s safety. A Tampa domestic violence attorney can attend first appearance within 24 hours of your arrest and advocate for bond.

Domestic Violence Charges We Handle in Tampa

Our firm provides robust legal defense for clients throughout Tampa and Hillsborough County against a comprehensive range of allegations related to domestic violence, including:

• Domestic Battery
• Aggravated Battery (involving a weapon or serious injury)
• Strangulation
• False Imprisonment
• Violation of a Domestic Violence Injunction
• Allegations of Child Abuse or Neglect stemming from a domestic dispute

We also represent clients in civil protective injunction proceedings. These matters can result in a civil restraining order based often on little more than one person’s sworn statement and may run concurrently with criminal cases, demanding prompt legal intervention. An experienced Tampa domestic violence attorney will ensure you are treated fairly in these proceedings.

The Nuance of “Domestic Violence Battery” in Florida Law

It is a common misunderstanding, even among some legal practitioners, to refer to a charge as “domestic violence battery.” However, Florida law does not recognize this phrase as a formal criminal offense. The actual charge is typically “Battery (Domestic Violence),” but the designation as “domestic” is an administrative label, not a legal element that the jury determines.

This administrative classification carries significant weight regarding sentencing, firearms rights, and protective injunctions. Critically, the jury is not tasked with deciding the “domestic violence” component; they are solely asked to determine if the State has proven the elements of battery itself under §784.03. A comprehensive understanding of this statutory reality is paramount to developing an effective defense. At The Brancato Law Firm, P.A., we leverage this crucial distinction to:

• Effectively counter prosecutorial overreach
• Minimize potentially prejudicial references to “domestic violence” during trial
• Pursue strategic arguments for reduced charges or participation in diversion programs when appropriate

The Profound Risks Associated with Domestic Violence Charges

A conviction for a domestic violence offense, even a misdemeanor, carries permanent consequences under Florida law and cannot be expunged or sealed from your record. Such a conviction can result in:

• A lifetime prohibition on owning or possessing firearms
• Disqualification from future employment in sensitive sectors such as law enforcement, education, or healthcare
• Significant immigration consequences, potentially leading to deportation for non-citizens
• Severe negative impacts on child custody and visitation rights
• Permanent visibility on background checks

Furthermore, even without a criminal conviction, the issuance of a protective injunction alone can negatively influence child custody arrangements and housing opportunities. Early engagement with experienced legal counsel is therefore absolutely critical.

Far-Reaching Consequences: Firearms, Military Service, and More

A conviction for a crime involving domestic violence – even a first-degree misdemeanor battery – imposes life-altering consequences extending far beyond potential incarceration or probation. Many individuals are unaware of these significant ramifications:

• You will permanently lose your federal right to possess firearms.
• You will be disqualified from serving in the U.S. military. Even if you are planning to enlist or are currently serving, a domestic battery conviction under §784.03 may render you ineligible under the Lautenberg Amendment and military enlistment policies.
• You will not be eligible for record sealing or expungement, even if adjudication is withheld.
• A permanent public record will appear on every background check for employment, rental applications, and professional licensing.

These severe penalties can attach even to misdemeanor convictions. In fact, some misdemeanor domestic battery charges carry more stringent long-term consequences than many felony offenses.

What Our Clients Say

With over 25 years serving clients, The Brancato Law Firm, P.A. is honored by the trust placed in us. We are pleased to share feedback reflecting our clients’ experiences and the favorable outcomes we have achieved together.

• ⭐⭐⭐⭐⭐ “The rare lawyer with a heart. Mr. Brancato not only proved his legal acumen, but he did so with genuine empathy and caring. I felt he was personally invested in my success and acted above and beyond my expectations.” — Ixie
• ⭐⭐⭐⭐⭐ “Mr. Brancato deserves five stars from day one. I was facing a fentanyl trafficking charge for something I did not do, and Mr. Brancato got all of my charges dropped. He answered any questions I had at any time. Thank you so much.” — Andrea
• ⭐⭐⭐⭐⭐ “Attorney Brancato was phenomenal. Very professional, polite, and overall amazing. He was the only one who took the time to help me with a case I had been fighting for years. I cannot thank him enough.” — Kellz
• ⭐⭐⭐⭐⭐ “I had a very difficult case, but in less than five business days Mr. Brancato lifted the weight off my shoulders. He goes above and beyond because he truly cares about his clients. In my opinion, if you are going to take a chance, take it on him.” — Yian
• ⭐⭐⭐⭐⭐ “Fast response, humble, and affordable. Attorney Rocky Brancato delivered on short notice in our family’s time of need.” — Jose

We are profoundly grateful for the confidence our clients place in our firm. At The Brancato Law Firm, P.A., we view every client as an individual deserving of personalized attention and dedicated legal representation. We provide the aggressive, strategic, and compassionate advocacy you require.

Our Strategic Approach to Domestic Violence Defense

At The Brancato Law Firm, P.A., we conduct thorough investigations into every facet of the State’s case. We do not rely solely on the initial arrest report or the prosecution’s narrative. Our comprehensive approach may involve:

• Identifying and exposing potential motives behind false accusations, such as those arising from divorce proceedings, child custody disputes, or retribution
• Securing critical evidence, including witness testimony or home surveillance footage, that may have been overlooked by law enforcement
• Exploring opportunities for pre-trial diversion or asserting stand-your-ground defenses when applicable
• Advocating for the modification or termination of no-contact orders to facilitate your return home
• Rigorously challenging the accuser’s credibility and consistency throughout every phase of the legal process

In many cases, early intervention before the State Attorney makes a filing decision allows us to negotiate for the dismissal of charges or avoid formal prosecution altogether. Our domestic violence defense services are available throughout:

• Tampa (Downtown, Ybor City, Seminole Heights, New Tampa, Westchase)
• Brandon
• Riverview
• Plant City
• Temple Terrace
• Lutz and Carrollwood
• Apollo Beach and Ruskin
• All Hillsborough County criminal courts

Regardless of whether you were arrested by the Tampa Police Department or the Hillsborough County Sheriff’s Office, we are prepared to provide immediate and effective legal counsel.

Tampa Attorney Rocky Brancato, Author of How to Choose a Major Crimes Attorney (Also Good Advice for Selecting a Domestic Violence Attorney)

Attorney Rocky Brancato is the author of How to Choose a Major Crimes Attorney — or Any Criminal Defense Attorney for That Matter, a guidebook available for sale on Amazon. The book offers real-world advice on how to choose the right lawyer when facing serious criminal charges. As a visitor to our site, you can request a free copy at brancatolawfirm.com/tampa-criminal-defense-ebook — whether or not you decide to hire us. We believe it will offer you valuable insight from someone who knows the system inside and out.

Frequently Asked Questions About Domestic Violence Charges in Tampa

What is the legal definition of domestic violence in Florida?

Under Florida Statute 741.28, domestic violence is defined as assault, battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, when committed by a family or household member. This includes spouses, former spouses, individuals who live or have lived together, and co-parents—even if they were never married.

Is there a crime called “domestic violence battery” in Florida?

No, Florida law does not recognize “domestic violence battery” as a specific criminal charge. The charge is typically simple battery under Florida Statute 784.03, and the “domestic” label serves as an administrative designation. While this designation impacts penalties, record sealing eligibility, and firearm rights, the jury’s determination is limited to whether the elements of battery were proven, not whether the offense qualifies as domestic violence.

Will I be taken to jail if arrested for domestic violence in Hillsborough County?

In most instances, yes, at least initially. Florida law mandates that individuals arrested for domestic violence must appear before a judge before release, and bond cannot be posted prior to this hearing. Depending on the specifics of the case, the judge may also issue a no-contact order, preventing you from returning home.

What occurs at a domestic violence arraignment in Tampa?

At the arraignment, the court formally informs you of the charge(s), and you will enter a plea. In Hillsborough County, this typically occurs within 30 days of arrest. If you are represented by The Brancato Law Firm, we can often waive your personal appearance and enter a written plea of not guilty while we develop your defense strategy.

Can I legally own a firearm after a domestic violence conviction?

No. A conviction—even for a misdemeanor domestic battery charge—permanently prohibits you from owning or possessing firearms under federal law. This prohibition applies even if adjudication is withheld and is not lifted upon completion of probation.

Will a domestic violence charge preclude me from military service?

Yes. A domestic violence conviction will likely disqualify you from enlisting or continuing to serve in the U.S. military. This is primarily due to the Lautenberg Amendment, which prohibits individuals convicted of a misdemeanor crime of domestic violence from possessing firearms, a fundamental requirement for service members.

Does the alleged victim have the authority to drop the charges?

No. Only the State Attorney’s Office possesses the legal authority to file or dismiss criminal charges. Even if the alleged victim expresses a desire to drop the case, the prosecutor retains the discretion to pursue it. However, a skilled defense attorney can present compelling evidence or negotiate pre-filing resolutions that may result in charges not being filed.

Is it possible to seal or expunge a domestic violence charge in Florida?

In the majority of cases, no. Florida law explicitly prohibits the sealing or expungement of a domestic violence-related charge if you entered a plea of guilty or no contest, even if you received a withhold of adjudication. This legal reality underscores the critical importance of vigorously defending the case from the outset and seeking a full dismissal whenever possible.

What steps does an experienced Tampa domestic violence attorney take if the accusations are false or exaggerated?

False accusations are unfortunately not uncommon in domestic violence cases, particularly amidst relationship breakdowns, divorce proceedings, or child custody disputes. At The Brancato Law Firm, we conduct a thorough and independent investigation, which may include reviewing text messages, call logs, witness statements, and available surveillance footage, to expose false claims and protect your rights.

Contact a Tampa Domestic Violence Attorney Immediately

Time is a critical factor in these matters. The legal system processes cases swiftly – your defense should be equally prompt. You need a skilled Tampa domestic violence attorney as soon as possible.

Call 813-592-8981 or contact us online for a confidential consultation.

The Brancato Law Firm, P.A. 1600 E 8th Ave, Ste A200 Tampa, FL 33605