The cell door slams shut behind you. Your head is spinning as you try to process what just happened. One minute you were arguing at home, the next you were in handcuffs and driven to the Okaloosa County jail. The police officer mentioned something about domestic violence charges, but you're still trying to make sense of it all.
Domestic violence arrests in Florida follow strict protocols that can leave you feeling powerless and confused. If you've been arrested for domestic violence in Okaloosa County, the Destin criminal defense attorneys at Flaherty & Merrifield can help you understand what to expect at each stage of the process.
First Appearance and Bond Hearings in Okaloosa County
When someone is arrested for domestic violence in Okaloosa County, they must appear before a judge within 24 hours. During this initial court hearing, the judge will determine whether there was probable cause for the arrest and set the conditions for pretrial release.
Understanding No Contact Orders
The most immediate impact of a domestic violence arrest is the automatic no-contact order. In nearly every case, the judge issues a no-contact order that prohibits the accused from communicating with the alleged victim, even if that person is your spouse or the other parent of your children.
Even if your name is on the mortgage or lease, you cannot go back to your residence if the alleged victim lives there. Many defendants are surprised to learn they'll need to find alternative housing right away.
You also cannot ask friends or family members to relay messages to the alleged victim on your behalf. This includes having your mother call to check on your children or asking a neighbor to tell your spouse you're sorry.
Bond Amounts and Release Conditions
Bond amounts for domestic violence cases in Okaloosa County typically range from $500 to $5,000 for misdemeanor charges. For domestic battery by strangulation, which is charged as a felony under Florida Statute 784.041, bonds often start at $5,000 and can get up to $25,000 or more. Bond amounts for aggravated offenses can exceed $50,000.
Beyond posting bond, the court may impose additional conditions such as:
- GPS monitoring
- Alcohol monitoring
- Mandatory substance abuse evaluation
- Surrender of firearms and weapons
The Role of the State Attorney's Office
After you’ve been arrested for domestic violence, your case moves to the State Attorney's Office, which decides whether to file formal charges.
The Filing Decision
The prosecutor will review police reports, 911 call recordings, photographs of alleged injuries, statements from the alleged victim and witnesses, and your criminal history. This review typically takes a few weeks in Okaloosa County. During this period, your Fort Walton Beach domestic violence defense lawyer can work to present your side of the story before formal charges are filed.
If the Victim Wants to Drop Charges
Many people mistakenly believe that if the alleged victim doesn't want to "press charges," the case will automatically be dismissed. However, in Florida, the decision to prosecute rests solely with the State Attorney's Office.
The alleged victim may insist that it was all a misunderstanding, asserting that they don’t want their partner prosecuted. Even so, the Florida State Attorney can still file criminal charges based on the alleged victim’s initial statement to police and injury photos.
Critical Actions to Take After a Domestic Violence Arrest
The steps you take immediately after a domestic violence arrest can significantly impact the outcome of your case.
Document Everything
Begin creating a record of what happened, including:
- Your version of the events
- Names and contact information of potential witnesses
- Any evidence that might support your defense
- Screenshots of text messages or social media posts that may be relevant
Comply With All Court Orders
Violation of a no-contact order can result in additional charges and revocation of your bond. You may face new felony charges if you drive by your home to "check on things" while your spouse is there.
Prepare for Employment Challenges
For many Okaloosa County residents, a domestic violence arrest creates immediate employment issues. Military members face potential loss of base housing and security clearances. Those with professional licenses may need to report the arrest to their licensing boards.
Common Defense Strategies in Domestic Violence Cases
Domestic violence cases often involve complex dynamics and situational factors that can be part of a strong defense.
- Self-defense. Florida's self-defense laws allow you to use reasonable force to protect yourself. If you were defending yourself against an attack, your legal team may pursue this strategy.
- False allegations. Domestic violence allegations are sometimes made falsely during divorce or custody disputes. Your attorney will investigate thoroughly to uncover any potential motives for false claims.
- Lack of evidence. The prosecutor must prove their case beyond a reasonable doubt. If there is insufficient evidence to prove that a battery occurred, your lawyer can work toward a dismissal.
Potential Consequences of a Domestic Violence Conviction
If you are convicted of domestic violence in Okaloosa County, potential consequences can include:
- Mandatory penalties. Under Florida Statute 741.283, even first-time offenders face a minimum 5-day jail sentence.
- Batterers' Intervention Program. Florida Statute 741.281 requires completion of a 26-week intervention program costing approximately $700 to $1,000.
- Permanent criminal record. Unlike other misdemeanors, domestic violence convictions can never be sealed or expunged from your record in Florida.
- Gun rights. Federal law prohibits those convicted of domestic violence from ever possessing firearms again. This can be a career-ending consequence for military members stationed at Hurlburt Field or Eglin Air Force Base.
An Experienced Okaloosa County Domestic Violence Defense Attorney Can Help
When faced with domestic violence charges in Florida, having knowledgeable legal representation is crucial. An experienced attorney can:
- File motions to modify no-contact orders. In appropriate cases, an attorney can petition the court to allow contact between you and the alleged victim.
- Negotiate with prosecutors. In many cases, alternatives to prosecution, such as pretrial diversion programs, may be available.
- Prepare for trial. If your case cannot be resolved through negotiation, your lawyer will develop a comprehensive trial strategy to defend your rights.
Domestic violence charges in Okaloosa County are taken extremely seriously, but an arrest does not automatically mean a conviction. With prompt legal assistance, many defendants can achieve favorable outcomes that protect their freedom, reputation, and future.
