Defending Your Rights in Domestic Violence Cases
Experienced Representation for Domestic Violence Charges in Florida
Former Trooper & Deputy | Data-Driven Defense
Get a Free ConsultationUnderstanding Domestic Violence Charges in Florida
In Florida, "domestic violence" is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
A "family or household member" includes spouses, former spouses, persons related by blood or marriage, persons currently residing together as if a family, persons who have resided together in the past as if a family, and persons who are parents of a child in common, regardless of marriage. Except for those with a child in common, individuals must currently or have previously resided in the same dwelling unit.
These charges are treated very seriously under Florida law, often involving a "pro-prosecution" stance from the State Attorney's office and potentially leading to immediate arrest based on probable cause, even without the alleged victim's consent to prosecute.
Facing a domestic violence accusation can have profound and immediate consequences, including no-contact orders, loss of access to your home, and impact on child custody, even before a conviction. Understanding the legal landscape and your rights is paramount.
The Florida Domestic Violence Arrest & Court Process
Law Enforcement Investigation & Response
Officers investigating an alleged domestic violence incident must assist victims with medical treatment, advise them of domestic violence center services, and provide notice of legal rights, including information about injunctions. They will often attempt to obtain written statements from all parties and witnesses. A key determination is identifying the primary aggressor if multiple parties are involved.
Arrest & “No Contact” Orders
Florida law allows warrantless arrest when an officer has probable cause to believe domestic violence has occurred. Upon arrest, defendants often face “no contact” orders prohibiting contact with the alleged victim.
First Appearance & Bail
At first appearance, the judge informs the defendant of charges, determines probable cause, and sets bail with victim safety a priority.
Prosecution & Injunction Proceedings
The State Attorney’s specialized domestic violence unit reviews evidence and decides on formal charges. Separately, victims can seek civil injunctions—violations of which carry criminal penalties.
Injunctions for Protection Against Domestic Violence
Victims can file a civil injunction (restraining order) without fees. Ex parte temporary injunctions may be issued immediately, effective up to 15 days, covering contact restrictions and dwelling use.
Full Hearing & Final Injunction
At a full hearing, evidence is heard. Courts may grant final injunctions including: contact prohibitions, exclusive dwelling use, parenting plans, support orders, batterers’ programs, and firearm restrictions.
Enforcement & Violations
Willful violation is a first-degree misdemeanor, with potential arrest or contempt proceedings.
Defending injunction petitions requires strategic advocacy, as orders affect child contact, firearms rights, and living arrangements.
Body Worn Camera (BWC) Footage & Forensic Video Analysis
BWC footage captures on-scene interactions and emotional statements. We use professional editing for frame-by-frame review, identifying inconsistencies, officer demeanor, and potential camera gaps.
Why Professional Analysis Matters
- Frame-by-Frame Review: Examines alleged acts and injuries.
- Highlighting Inconsistencies: Contrasts report vs. events.
- Camera Gap Detection: Reveals intentional footage gaps.
- Exhibit Creation: Clips for court presentations.
Combining law enforcement experience with meticulous video forensics allows us to challenge evidence and build a robust defense.
Why Choose Lotter Law for Your Domestic Violence Defense?
Domestic violence allegations demand an attorney with experience and insight into how these cases are investigated and prosecuted. Lotter Law provides:
Former Law Enforcement Insider
Jeff Lotter served as a State Trooper and Deputy Sheriff, teaching officer training—offering unique insight into investigative protocols and potential errors.
Data-Driven & Video Analysis
We analyze local case data and perform advanced BWC forensics to anticipate prosecutorial tactics and highlight evidence gaps.
When your future is at stake, you need a defense that combines insider perspective with rigorous data and video analysis. Lotter Law delivers.
Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Orange County Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran —approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
Frequently Asked Questions
Sealing hides your record from the public but still allows access by certain government agencies. Expunging deletes or destroys the record from most systems—government agencies will only be told that your record was expunged, not shown the details.
Florida creates a criminal record the moment you’re arrested and fingerprinted—even if your charges were later dropped or dismissed. That record remains unless you take action to seal or expunge it.
We chage $1500 to sealing or egpungme your record. We offer a discounted rate if we were the attorney of record in your case.
You must not have been convicted (adjudicated guilty) of any crime and must not have sealed or expunged a record before. The record you want sealed or expunged must also meet specific legal requirements.
Crimes like domestic violence, arson, sexual battery, and drug trafficking are not eligible for sealing or expungement—even if you received a withhold of adjudication. A full list is found in Florida Statutes.
Usually, you can only seal or expunge one record in your lifetime. However, multiple charges may be considered "related" and handled together in one petition if they stem from the same incident.
You can legally deny the arrest in most situations—like job or housing applications. It helps protect your reputation and can open new opportunities in employment and education.
Sealing or expungement doesn’t force private websites or background check companies to erase your data. You may need to contact them individually or pursue separate legal remedies.
FDLE confirms whether you’re legally eligible. If so, you take that certificate to court. The judge then decides whether to grant your request to seal or expunge the record.
No, but the process can be confusing. Many people find it helpful to hire an attorney to ensure the documents are correct and to avoid delays or denials.
Office Consults By Appointment Only
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
Get DirectionsReady for a Fresh Start?
Learn if you qualify to seal or expunge your record. Contact Lotter Law for a free, confidential consultation.
Or, reach us directly:
Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801