Domestic violence charges are some of the most emotionally and legally complex cases in Florida’s criminal justice system. A single accusation—true or false—can result in an arrest, jail time, restraining orders, and long-lasting damage to your reputation and rights. At The Sombathy Law Firm, we understand what’s at stake and are committed to helping clients throughout Panama City and Panama City Beach fight back against domestic violence allegations.
Whether you’re facing your first arrest or navigating a high-conflict relationship with legal consequences, we are here to defend your rights and your future.
What Is Domestic Violence Under Florida Law?
According to Florida Statute § 741.28, domestic violence is defined as any assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any other criminal offense that results in physical injury or death, when committed by one family or household member against another.
“Family or household members” include:
- Spouses and former spouses
- Individuals related by blood or marriage
- People currently or formerly living together as a family
- Parents who share a child, regardless of marriage or cohabitation history
Importantly, domestic violence is not limited to physical harm. Threats of violence, harassment, and emotional intimidation can also lead to charges, even without visible injuries.
What Are the Penalties for a Domestic Violence Conviction?
A conviction for domestic violence in Florida carries both criminal and civil consequences—even for a first-time offender. Penalties can vary based on the severity of the act, whether a weapon was involved, and whether the accused has a prior criminal history.
Potential consequences include:
- Mandatory jail time—even for first offenses (minimum of five days if injury occurred)
- Up to one year in jail for misdemeanor domestic battery
- Felony charges if strangulation, serious injury, or repeat offenses are involved
- Probation with mandatory completion of a Batterer’s Intervention Program (BIP)
- No-contact orders or restraining orders, which can prohibit communication with the alleged victim and removal from the family home
- Loss of firearm rights
- Immigration consequences for non-citizens
- Permanent criminal record, which can affect employment, housing, and custody rights
Many people don’t realize that even if the alleged victim later wants to drop the charges, the State can still proceed with prosecution. That’s why having a strong legal advocate from the beginning is so important.
How Can We Help With False or Exaggerated Accusations?
Domestic violence allegations can arise out of emotional disputes, custody battles, or the breakdown of relationships. In some cases, accusations may be exaggerated—or even entirely false—used to gain leverage in family law proceedings or retaliate after a disagreement.
At The Sombathy Law Firm, we recognize the devastating effect a false accusation can have. Before your case even goes to court, you may:
- Be removed from your home
- Barred from seeing your children
- Lose your job
That’s why we act quickly to investigate the facts, preserve critical evidence, and challenge misleading or malicious claims.
What Are Defense Strategies for Domestic Violence Charges?
Every case is different, but some of the most common and effective defense strategies in domestic violence cases include:
Self-Defense
You have the right to defend yourself if you are threatened or attacked. If the alleged victim initiated the confrontation or posed an immediate threat, self-defense may be a valid justification for the use of force.
Lack of Evidence
Domestic violence cases often hinge on one person’s word against another’s. If there is no physical injury, no corroborating witnesses, or inconsistent statements, the prosecution may struggle to meet its burden of proof.
False Allegations
If the accuser has a motive to lie—such as gaining custody of children or seeking revenge—this can be brought to light through cross-examination and supporting evidence, including text messages, social media posts, or witness testimony.
Mutual Combat
In some situations, both parties are engaged in a physical altercation. Evidence of mutual involvement can result in reduced charges or dismissal.
Violation of Constitutional Rights
If your arrest occurred without probable cause or if your statements were taken without proper Miranda warnings, your constitutional rights may have been violated, opening the door to suppress key evidence.
The Sombathy Law Firm Can Help You Take Back Control
A domestic violence charge can turn your world upside down—but you don’t have to face it alone. At The Sombathy Law Firm, we know how to navigate the criminal justice system and build a defense tailored to your situation. From challenging false accusations to negotiating favorable resolutions, we’re here to protect your freedom and your future.
If you’ve been arrested for domestic violence in Panama City or Panama City Beach, contact The Sombathy Law Firm today for a confidential consultation. We are ready to fight for you.
