Bradenton Domestic Violence Lawyer

A domestic violence arrest in Manatee County starts with a night in jail and a no-contact order that can keep you out of your own home. The charge also carries consequences that ordinary battery does not. Daniel D. Nawara, a former prosecutor in the Twelfth Judicial Circuit, defends people accused of domestic violence in Bradenton, Palmetto, Lakewood Ranch and across Manatee County. Call or text (941) 920-5514 for a free consultation.

What makes a charge "domestic violence"

Domestic violence is not a separate crime. Under section 741.28, Florida Statutes, it is an offense such as battery, assault or stalking committed against a family or household member. That includes:

A spouse or former spouse
A person related by blood or marriage
A person you live with, or used to live with, as a family
The other parent of your child, whether or not you ever lived together

The most common charge is domestic battery, a first-degree misdemeanor.

What is different about a domestic violence case

Release from jail. You cannot post a standard bond at booking. You are held until a judge sees you at first appearance.
No-contact order. The judge normally orders no contact with the other person as a condition of release, which can bar you from your home.
Minimum jail. If you are adjudicated guilty and intentionally caused bodily harm, the law requires at least 10 days in jail for a first offense, 15 for a second and 20 for a third. The minimums are higher if a child under 16 in the household was present.
Probation. A plea or finding of guilt carries at least one year of probation, which normally includes a 26-week batterers' intervention program (section 741.281).
Firearms. A domestic violence conviction can end your right to possess a firearm under federal law.
Record. A domestic violence case that ends in a plea generally cannot be sealed, even with a withhold of adjudication.

Defenses in a domestic violence case

Self-defense. You used reasonable force to protect yourself.
No independent evidence. No injuries, no witnesses and no recording beyond one person's account.
False or exaggerated accusation. Often tied to a divorce, custody dispute or breakup.
The relationship does not qualify. If the other person is not a family or household member under the statute, the domestic violence rules do not apply.
Accident. The contact was not intentional.

Questions people ask

Can the alleged victim drop domestic violence charges in Florida?

No. The decision belongs to the State Attorney's Office, and prosecutors often go forward even when the other person asks them to stop. The person's wishes still matter, and a lawyer can make sure the prosecutor hears them in the right way. See Can a victim drop domestic violence charges in Florida?

How do I get a no-contact order lifted in Manatee County?

Your lawyer files a motion asking the judge to modify or remove it. The judge will want to know the other person's position. Do not contact the person yourself, even if they reach out first; that is a new offense. See Florida No-Contact Order Modification.

Will I go to jail for a first domestic battery in Bradenton?

Not necessarily. The 10-day minimum applies only if you are adjudicated guilty and intentionally caused bodily harm. Many first cases end in a dismissal, a reduced charge or a diversion program.

Can I go home after a domestic violence arrest?

Only if the judge allows it. If the other person lives there and a no-contact order is in place, you will need to stay somewhere else until the order is changed.

Will a domestic violence charge show up on a background check?

Yes. The arrest is public as soon as it happens, and a plea usually keeps it on your record for good. That is why the result of the case matters more here than in most misdemeanors.

Arrested for domestic violence in Bradenton or Manatee County? Call or text Daniel D. Nawara at (941) 920-5514 before you speak to anyone about the case. Free consultations and payment plans are available.