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Tampa Domestic Violence Attorney

Lady crying in the window with the sun in the background and the text: "Facing Domestic Violence Charges? Protect Your Rights and Future"

The police arrived at your door. Someone made an allegation. Now you’re in handcuffs, heading to jail, and you can’t go home or contact your family. In Florida, domestic violence allegations trigger immediate arrest—even without physical evidence, even without witnesses, even when the accusation stems from a custody dispute or a relationship breakdown.

I’m Tampa Attorney Rocky Brancato. For over 25 years, I have defended clients facing domestic violence charges throughout Tampa Bay. I understand how quickly baseless accusations escalate into formal charges—and how these charges can permanently alter your life. Moreover, I know how to expose false allegations, challenge weak evidence, and fight for dismissals before prosecutors ever file charges. If you are accused of domestic violence, my firm, The Brancato Law Firm, P.A., can help.

Permanent Consequences You Need to Know

Unlike most criminal charges, domestic violence convictions in Florida carry permanent consequences that cannot be expunged or sealed—ever. Consequently, even a misdemeanor conviction can destroy your future:

ConsequenceImpact
Firearm ProhibitionLifetime federal ban on owning or possessing firearms—even for misdemeanors
Military DisqualificationCannot enlist or continue serving under Lautenberg Amendment
No ExpungementCannot seal or expunge—even with withheld adjudication
Employment BarriersDisqualified from law enforcement, education, healthcare, and government positions
Custody ImpactSevere negative impact on child custody and visitation rights
Immigration ConsequencesPotential deportation for non-citizens
Permanent RecordAppears on every background check for life

Important: Some misdemeanor domestic violence convictions carry more severe long-term consequences than many felonies. Therefore, aggressive defense from the start is essential.

Early Intervention in Action: Tampa Domestic Violence Case Results

The difference between a criminal record and a dismissed case often comes down to how quickly you act. These recent results demonstrate what early attorney involvement can accomplish in domestic violence cases.

Domestic Violence Battery — Terminated Within 24 Hours

A mother called Rocky because her college-aged son had an active warrant for domestic violence battery. The family had called police to get him mental health help — not to have him arrested.

Rocky acted immediately. He prepared affidavits for both parents requesting that charges not be filed and presented them directly to the intake prosecutor, explaining the circumstances and the urgency. Within 24 hours of that first phone call, the State filed a Notice of Termination of Prosecution. The family was able to focus on getting their son the help he needed instead of navigating the criminal justice system. Because he was never arrested, their son will not face lifelong collateral consequences such as ineligibility for firearm ownership or military service.

Domestic Violence — False Accusation, Warrant Recalled, Never Arrested

A young woman came to Rocky after her abusive ex-boyfriend falsely accused her of assault. A warrant had been issued for her arrest. Other attorneys advised her to turn herself in and try to lower her bond in court.

Rocky took a different approach. He contacted the intake prosecutor, presented evidence documenting her ex’s pattern of abuse, and persuaded the State to drop the charges entirely. The warrant was recalled — she never spent a single night in jail and never had to appear in court. Rocky then helped her obtain a restraining order to protect her from future harm.

Both of these cases were resolved through pre-file advocacy — the critical window between an accusation and formal charges where an experienced attorney can change the outcome entirely. If you are facing a domestic violence accusation or warrant in Tampa Bay, call (813) 727-7159 immediately. Every hour matters.

Disclaimer: Each case is unique. Past results do not guarantee future outcomes.

Domestic Violence Charges We Defend

ChargeFlorida StatuteClassificationMax Penalty
Battery (Domestic Violence)§784.031st Degree Misd.1 year jail
Aggravated Battery (DV)§784.0452nd Degree Felony15 years prison
Strangulation (DV)§784.041(2)(a)3rd Degree Felony5 years prison
False Imprisonment (DV)§787.023rd Degree Felony5 years prison
Stalking (DV)§784.0481st Degree Misd.1 year jail
Injunction Violation§784.0471st Degree Misd.1 year jail

Many people—including some attorneys—incorrectly refer to “domestic violence battery” as if it’s a specific crime. However, Florida law does not recognize this phrase as a formal criminal offense. Instead, the actual charge is typically Battery under §784.03, with “domestic violence” serving as an administrative label.

This distinction matters enormously. Specifically, the jury doesn’t decide whether the offense qualifies as “domestic violence”—they only determine whether the State proved the elements of battery. As a result, I leverage this distinction to:

  • Counter prosecutorial overreach that relies on inflammatory “domestic violence” language
  • Minimize prejudicial references during trial
  • Pursue reduced charges or diversion programs when appropriate

Defending Against False Allegations

False accusations occur frequently in domestic violence cases—particularly during relationship breakdowns, divorce proceedings, and custody disputes. In many cases, one party uses domestic violence allegations as leverage to gain advantage in family court or to punish the other party.

Therefore, I conduct thorough independent investigations that may include:

  • Reviewing text messages, emails, and social media to establish context and expose motives
  • Analyzing phone records and call logs for timeline inconsistencies
  • Interviewing witnesses who can contradict the accuser’s version of events
  • Obtaining home surveillance footage that law enforcement may have overlooked
  • Identifying patterns of false allegations or manipulation in prior incidents

Our Strategic Defense Approach

I don’t rely solely on the arrest report or the prosecution’s narrative. Instead, I investigate every facet of the case:

  • Early Intervention: Engaging before the State Attorney files charges can result in dismissal or prevent prosecution altogether
  • Self-Defense Analysis: Exploring Stand Your Ground immunity when you acted in lawful self-defense
  • Credibility Challenges: Rigorously challenging the accuser’s credibility and consistency at every stage
  • No-Contact Order Modification: Advocating for modification or termination of no-contact orders so you can return home
  • Diversion Programs: Pursuing pre-trial diversion when it serves your best interests

Frequently Asked Questions About Domestic Violence Charges

What qualifies as domestic violence under Florida law?

Under Florida Statute 741.28, domestic violence includes 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 covers current and former spouses, individuals who live or lived together, and co-parents—even if they never married.

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

In most cases, yes—at least initially. Florida law requires individuals arrested for domestic violence to appear before a judge before release. You cannot post bond before this hearing. Additionally, the judge may issue a no-contact order preventing you from returning home. However, an experienced Tampa domestic violence attorney can attend your first appearance within 24 hours and advocate for bond and favorable conditions.

Can I own a firearm after a domestic violence conviction?

No. A conviction—even for a misdemeanor domestic battery—permanently prohibits you from owning or possessing firearms under federal law. This prohibition applies even if the judge withholds adjudication and doesn’t lift upon completion of probation. The ban is lifetime.

Can the alleged victim drop the charges?

No. Only the State Attorney’s Office can file or dismiss criminal charges. Even if the alleged victim wants to drop the case, prosecutors retain discretion to pursue it. However, a skilled defense attorney can present compelling evidence or negotiate pre-filing resolutions that may prevent charges from being filed.


Can I seal or expunge a domestic violence charge?

In most cases, no. Florida law explicitly prohibits sealing or expunging domestic violence charges if you entered a plea of guilty or no contest—even with withheld adjudication. This reality underscores why vigorously defending the case from the outset and seeking full dismissal is critical.

Domestic Violence Defense Throughout Tampa Bay

I represent clients facing domestic violence charges throughout Hillsborough County, including:

  • Tampa: Downtown, Ybor City, Seminole Heights, New Tampa, Westchase
  • Brandon, Riverview, Plant City, Temple Terrace
  • Lutz, Carrollwood, Apollo Beach, Ruskin

Whether the Tampa Police Department or Hillsborough County Sheriff’s Office made the arrest, I provide immediate, effective legal counsel.

Time Is Critical—Act Now

Infographic by Tampa domestic violence defense attorney Rocky Brancato of The Brancato Law Firm, P.A. showing when to hire a domestic violence defense attorney. A gradient timeline bar illustrates that hiring an attorney the night of arrest provides the most options, including fighting for favorable bond conditions, gathering evidence early, challenging false allegations before testimony is locked in, and protecting custody rights and professional career. Description: Domestic violence defense infographic by The Brancato Law Firm, P.A. in Tampa, Florida illustrating the optimal timeline for hiring a domestic violence defense attorney. In Florida, domestic violence arrests often result in mandatory no-contact orders that remove the accused from their own home. The graphic shows that contacting an attorney immediately after arrest provides the greatest opportunity to secure favorable bond conditions, preserve evidence such as text messages and recordings that support self-defense or false allegation claims, and protect custody and employment. Created by Tampa criminal defense attorney Rocky Brancato, former Chief Operations Officer of the Hillsborough County Public Defender's Office, with over 25 years of experience defending clients charged with domestic battery, aggravated domestic battery, stalking, and injunction violations in Hillsborough, Pinellas, and Pasco Counties. Call (813) 727-7159. Caption: In Florida, a domestic violence arrest often means a no-contact order that removes you from your own home before you've even been formally charged. Tampa domestic violence defense attorney Rocky Brancato of The Brancato Law Firm, P.A. acts immediately to fight for bond conditions, challenge false allegations, and protect your custody rights. Call (813) 727-7159. The right label is "After No-Contact Order" instead of "After Charges" because that's the moment domestic violence cases become a daily crisis — you can't go home, you can't see your kids, and every decision gets harder. The left label is "Night of Arrest" because like DUI, domestic violence is a same-night arrest with no investigation phase. Item #1 hits the most immediate fear — getting back home — and item #4 hits the long-term fear that separates domestic violence from other charges: custody and career consequences.why night of arrest?11:00 PMExamined timing validity and contemplated earlier intervention pointsRocky is questioning "Night of Arrest" as the left label. He's right to question it - the left side of the gradient represents the BEST time to call, the earliest possible intervention point. For domestic violence, there could be situations where someone knows an allegation is coming before an arrest happens - maybe during a heated divorce, or when they know a partner has threatened to call police. But more practically, domestic violence arrests in Florida are mandatory when officers see signs of violence - so there usually isn't a "before arrest" window like with other charges. Actually, thinking about it more - the left label should represent the earliest intervention point. "Night of Arrest" is actually quite early. But Rocky might be thinking that some DV cases have a pre-arrest phase too - maybe someone knows their spouse is going to file a report, or there's been a verbal altercation and police haven't been called yet. I realize I should just ask Rocky what he's thinking rather than guessing - he might have a specific intervention point in mind that comes even earlier than arrest, or he might be questioning whether "Night of Arrest" accurately captures the timeline for domestic violence cases in Florida.Show moreDoneFair question. I used "Night of Arrest" because Florida's mandatory arrest policy means officers must arrest someone when they respond to a domestic violence call — so there's usually no investigation window before the arrest happens. But you're right to push on it. There are situations where someone knows an allegation is coming — a spouse threatens to call police during a divorce, or a partner files a report the next day instead of calling 911. In those cases, there is a pre-arrest window. Would "Before Arrest" work better? It covers both scenarios — the person who calls you that same night and the person who knows an accusation is building and gets ahead of it.good job. i had a brain fart because i was thinking of child abuse11:00 PMReconciled distinction between child abuse and domestic violence casesThe user is saying they had a brain fart - they were thinking of child abuse cases (which do have an investigation phase/DCF investigation before arrest) rather than domestic violence (which is typically a same-night mandatory arrest). So "Night of Arrest" was actually correct for domestic violence. They're acknowledging the distinction.DoneNo worries — you were still in child abuse mode where "DCF Investigation" makes sense because there's a long pre-arrest window. Domestic violence is the opposite — mandatory arrest, no investigation phase, someone's in cuffs that night. "Night of Arrest" stays. Want the next one? Gun crimes, drug crimes, or another page?yes please11:03 PMIdentified ambiguity and resolved to seek clarificationThe user said "yes please" but didn't specify which page. Let me ask which one they want next.Waiting for the user's selection.DoneWhich practice area next?Q: Which page should I write next? A: Gun Crimes11:04 PMIdentified next infographic topic for "When to Hire" seriesGun crimes prompt for the "When to Hire" infographic series.DoneGenerate an image. Professional legal infographic, portrait 4:5 aspect ratio, high resolution. Dark indigo (#11048a) background filling the entire canvas edge to edge. All text white, bold sans-serif font. No icons, no clip-art, no human figures, no decorative elements. Typography and color only. Leave the top 12% of the canvas as empty dark indigo — no text, nothing. I will add my logo there later. Leave the bottom 12% of the canvas as empty dark indigo — no text, nothing. I will add my contact info there later. In the middle 76%, arrange this content: Large bold title: "When to Hire a Gun Crimes Defense Attorney" Smaller subtitle below: "The earlier you act, the more options you have" Below that, a horizontal gradient bar stretching the full width. The bar transitions from purple (#574db0) on the left, to gold (#D4A017) in the center, to red (#C53030) on the right. Three labels on the bar: Left: "Before Arrest" Center: "After Arrest" Right: "After 10-20-Life Charges" Below the bar, a bold left-pointing arrow with "BEST TIME TO CALL" Below that, a heading: "What Early Intervention Can Do:" Then four numbered items: 1. Challenge the legality of the search that found the firearm 2. Prevent mandatory minimum charges from being filed 3. Establish lawful possession or self-defense before trial 4. Avoid the 10-20-Life mandatory sentences that eliminate early release File Name: when-to-hire-gun-crimes-defense-attorney-tampa-infographic.png Title: When to Hire a Gun Crimes Defense Attorney — Early Intervention Timeline by Tampa Attorney Rocky Brancato Alt Text: Infographic by Tampa gun crimes defense attorney Rocky Brancato of The Brancato Law Firm, P.A. showing when to hire a gun crimes defense attorney. A gradient timeline bar illustrates that hiring an attorney before arrest provides the most options, including challenging illegal searches, preventing mandatory minimum charges from being filed, establishing lawful possession or self-defense, and avoiding Florida's 10-20-Life mandatory sentences. Description: Gun crimes defense infographic by The Brancato Law Firm, P.A. in Tampa, Florida illustrating the optimal timeline for hiring a gun crimes defense attorney. Florida's 10-20-Life law imposes mandatory minimum sentences of 10 years for possessing a firearm during a felony, 20 years for discharging it, and 25 years to life for causing injury or death — with no early release and no gain time. The graphic shows that contacting an attorney before arrest or before formal charges provides the greatest opportunity to challenge illegal searches, prevent mandatory minimum enhancements, and build a lawful possession or self-defense case. Created by Tampa criminal defense attorney Rocky Brancato, former Chief Operations Officer of the Hillsborough County Public Defender's Office, with over 25 years of experience defending clients charged with firearm offenses including possession by a convicted felon, carrying a concealed weapon, and aggravated assault with a firearm in Hillsborough, Pinellas, and Pasco Counties. Call (813) 727-7159. Caption: Florida's 10-20-Life law means there is no early release, no gain time, and no judicial discretion once mandatory minimums attach. The difference between a 10-year mandatory sentence and a dismissal often comes down to whether the search that found the firearm was legal. Tampa gun crimes defense attorney Rocky Brancato of The Brancato Law Firm, P.A. challenges unlawful searches and fights to prevent mandatory charges from being filed. Call (813) 727-7159. The right label is "After 10-20-Life Charges" instead of generic "After Charges" because that's the moment everything changes for gun cases — once the mandatory enhancement attaches, the judge's hands are tied. That label alone creates urgency. Item #1 leads with search challenges because most gun cases are won or lost on the Fourth Amendment — was the stop legal, was the search valid, was there consent. Item #4 names the 10-20-Life law directly because that's the phrase people are Googling when they're scared.
In Florida, a domestic violence arrest often means a no-contact order that removes you from your own home before you’ve even been formally charged. Tampa domestic violence defense attorney Rocky Brancato of The Brancato Law Firm, P.A. acts immediately to fight for bond conditions, challenge false allegations, and protect your custody rights. Call (813) 727-7159.

The legal system moves fast in domestic violence cases. Early intervention—before prosecutors file charges—can make the difference between dismissal and conviction. Moreover, the consequences are permanent: no expungement, no sealing, no second chances.

I offer confidential consultations where I evaluate your case, explain your options, and outline a strategy for protecting your freedom, your rights, and your future.

Call (813) 727-7159 Immediately

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

25+ Years Defending Serious Criminal Cases

Super Lawyers badge recognizing Tampa criminal defense attorney Rocky Brancato of The Brancato Law Firm, P.A. for excellence in criminal defense law in Florida.

What Our Clients Are Saying

Rocky Brancato was able to provide me with legal help that I didn't even imagine was possible. Because of his experience and knowledge he got me life changing results and that is no exaggeration. Rocky has an in depth knowledge of his field, decades of experience, and...

E. M.

Rocky is the best lawyer. He believed in me when no one else did. He fought hard, and did not stop working until he found the evidence we needed to win my case and clear my name. When he took on my case, it had been already ongoing for quite some time, many other lawyers turned...

Molly G.

I had an excellent experience working with Rocky Brancato during an extremely stressful and sensitive situation involving false allegations. From the very beginning, Rocky provided clear, sound advice and took the time to truly listen to all of my concerns without ever...

David E

Rocky is a great lawyer. He jumped on my case and provided almost instant results. He communicated well and made sure we understood our options and the next steps. 5 stars!!!

Jasmine

I don’t even know how to start writing this. This man saved me from something I didn’t do. He’s the best.. thank you thank you .

Jonathan S.

Mr. Brancato deserves five stars from day one. He went over and beyond for me. He doesnt just handle small cases I was facing a trafficking fentanyl charge for something that I didnt do and Mr. Brancato got all of my charges dropped. He is a great attorney. He answered any...

Andrea M

Rocky Brancato is diligent, trustworthy, with an extraordinary human and professional quality, a gift for people and integrity. All these virtues make him an invaluable attorney. Rocky Brancato has been with our family since day one of this stressful, unfair, and overwhelming...

Lein L.

Rocky was exceptional at providing legal advice and was taking proactive steps throughout the process to assist in my legal matters. Fantastic service and results.

Javier L.

ROCKY IS GREAT HE DID IT TWICE FOR MY FIANCÉ

Mantha W.

I would recommend Mr. Brancato to absolutely anybody. I have been fighting this specific case for about 4 years now and he was able to set time aside to accommodate and was able to get the charges dismissed in less than a WEEK. I can’t thank him enough, and anybody in the Tampa...

Kellz C.

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. He kept me informed all steps of the process, and was upfront...

I.

Mark my words, THIS IS THE BEST LAWYER I’ve ever had the chance to meet and it’s been a pleasure and a major blessing to have him, i had a very difficult case but in less then 5 business day he took the weight of a planet off my shoulders . He goes above and beyond and then did...

Yian V.

Great attorney ! Handled client with care and answered all concerns! Thank you so much !!! A Hard worker is this guy! Thank You for all you did for my fiancé!

Kailyn B.

Rocky Brancato was knowledgeable, responsive, and very professional throughout the entire process. I highly recommend this law firm.

Noel F.

Rocky was the best lawyer i have recieved! He always kept me updated and talked me through everything i couldnt have asked for a better lawyer! Hoping i never have to use him again but he is my go to!! Thank yu rocky it was a pleasure

Lucciano Carmelo

I felt very lucky to be represented by brancato law firm Never had any issues with communication or help with resources and made the whole process easier to navigate Very greatfull he helped me reach the best outcome

Logan Traun

Atty Rocky Brancato is an excellent attorney. He genuinely cares about his clients. You would not find anyone else as compassionate and talented as he is as a lawyer. I would 100% recommend him.

Ana R.

Rocky is an excellent attorney! He demonstrates his passion, dedication and strong work ethic for every single case he accepts. He always go that extra mile to gain his clients trust and satisfaction. Highly recommended!

Bryan N.

Great Lawyer

Joe C.

Thank you for everything!

Kali L.

Attorney Brancato was phenomenal. If I could give him more than 5 stars I would. Very professional, polite, and just overall AMAZING. The only one that actually took the time to help me with a specific case I had for the past few years. I can’t begin to thank him enough.

Keelie

Our family had a great experience with Attorney Rocky Brancato. I wish I could give him more than five stars!

Lola J.

Very thorough and willing to help. I’m glad I chose to contact this office. I always worry about being given the run around but not here I was even given a call back to be sure that he didn’t miss anything. Thanks A+

Mark D.

Rocky went out of his way to help me. he is a very good man

David N.

Attorney Rocky Brancato of the Brancato Law Firm, P.A. Delivered on short notice in our family’s time of need. Fast response, humble and affordable.

Jose V.
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Tampa Office Building on Twiggs Street
Tampa Office
620 E Twiggs St
Suite #205

Tampa, FL 33602

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Phone: (813) 727-7159
Located two blocks from the Hillsborough County Courthouse.
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