Tampa Domestic Violence Attorney

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:

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

Domestic Violence Charges We Defend

Critical Legal Distinction: “Domestic Violence Battery” Doesn’t Exist

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

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 3360225+ Years Defending Serious Criminal