Orlando Domestic Violence

Orlando Domestic Violence Charges

Orlando domestic violence charges are best handled by an experienced Orlando criminal defense attorney who has an extensive background both prosecuting and defending Orlando domestic violence battery charges.   Attorney N. Fleetwood Tilden is a former Central Florida Prosecutor with over 20 years experience in successfully defending, beating and expunging Orlando domestic violence battery arrests.  Contact Tilden Law today for a free initial case evaluation to determine your best defense.

Why Hire Your Orlando Domestic Violence Lawyer Immediately?

Experience has shown that the best results and opportunity for dismissal in domestic violence cases are achieved when a domestic violence attorney is immediately hired after arrest.  The reason is simple; there is a better opportunity to convince the prosecuting attorney to not file charges than it is to convince that same attorney to dismiss the case once it is filed. We contact the alleged victim to investigate the facts and possible defenses and determine whether he/she wishes to prosecute our client.  Many times, victims have second thoughts about prosecuting and wish to drop charges.   When this is the case, Tilden Law prepares a legal document called a “declination of Prosecution.”  This document puts the State Attorney and Judge on notice that the victim wishes all charges dropped. A declination of prosecution also can modify the statement that the victim gave at the time of the arrest and allege no crime occurred.

Removing No Contact and No Return Orders

In all Orlando domestic violence battery cases, the first appearance judge will set forth special conditions of bond that will either prevent or restrict contact with the victim, contact with minor children and exclusion to the family home. In cases where both parties agree with changes to the bond release conditions, a “Motion to Modify Bond” is filed.  This motion is designed to allow contact between the parties and to allow our client to return to the family home.  This motion is also a powerful tool in steering the case towards a dismissal.  

What Is Domestic Violence in Orlando?

Chapter 741 of the Florida Statutes defines domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual battery or assault, stalking, aggravated staling, 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.  This definition includes:

  • Boyfriend and Girlfriend who live together
  • Husband and Wife
  • People related by blood
  • Those who live under the same roof
  • Individuals who lived together in the past as a family
  • Individuals who have a children together

It is critical to evaluate every aspect of your case as the presence of even one of the above may lead to a dismissal of your Orlando domestic violence case.  

How Tilden Law Defends Your Orlando Domestic Violence Charge

Our defense of your Orlando domestic violence battery case is focused on achieving a dismissal of all criminal charges.  Attorney N. Fleetwood Tilden is a former Central Florida domestic violence prosecutor with over 20 years of experience handling domestic violence charges in Orlando, Florida.  Fleet recognizes the importance of immediate action when trying to prevent a domestic violence charge from being filed by the State Attorney’s office and looks for the following defenses:  

  • Was the encounter with police lawful or did law enforcement illegally detain you
  • Did you make a written or verbal statement to police
  • Were you read your Miranda rights prior to answering questions
  • Did the victim give a statement to police and if so was the statement forced by police
  • Does the victim wish to press charges
  • Does the victim have a history of calling the police
  • Does the victim have a criminal record
  • Was the victim under the influence of alcohol or drugs
  • Did you receive any injuries and were photos taken
  • Are there any 3rd party or independent witnesses
  • Was your arrest inconsistent with the facts
  • Were you defending yourself – self defense
  • Were you defending your property
  • Was there mutual combat

It is critical to evaluate every aspect of your case as the presence of even one of the above may lead to a dismissal of your domestic violence case.  

Criminal Punishment if Convicted of Orlando Domestic Violence Charge

Under Florida law, domestic violence battery is a 1st degree misdemeanor and carries the following punishment if convicted:

  • Withholding of adjudication (non-conviction) or Adjudication of guilt (conviction)
  • 1 year county jail
  • 12 months supervised county probation
  • Up to $1,000.00 fine plus court costs
  • Community service hours
  • Random urine tests at individuals expense – if controlled substance alleged
  • No contact with victim
  • No return to residence
  • 26 week Batters Intervention Program (BIP)
  • Mandatory counseling if recommended
  • Permanent criminal record if Adjudicated guilty
  • Forfeiture of firearms

In addition to the criminal penalties, a conviction for domestic violence in Orlando may also lead to loss of employment; loss of parental rights; disqualified from apartment housing; loss or restriction of professional licenses; deportation for non citizens; disqualification from education scholarships and college financial aid and your mug shot posted on the internet.

Pre-Trial Diversion for Orlando Domestic Violence Charges

The Orange County State Attorney’s office may offer a deferred prosecution program for Orlando domestic violence cases called the Batter’s Intervention Program (BIP).  The Batter’s Intervention Program is supervised and run by the Orange County probation department.  The requirements for completion of this program consist of the following:  

  • 12 months supervision
  • $600.00 program cost
  • random drug testing at individuals expense
  • Anger Management Class
  • No victim contact or no violent victim contact
  • minimum of 40 community service hours
  • drug dependency evaluation with treatment if indicated  
  • Costs to State Attorney, Intake, and phone reporting  

In order to initially be considered for the domestic violence PTD program, the participant must have no prior sentence, conviction or dismissal for a domestic violence charge regardless of time passage between offenses which also includes juvenile records.  Additionally, an applicant cannot have more than one prior unrelated misdemeanor and must not have participated in a prior PTD program, including juvenile cases.  Once all the program conditions have been successfully completed and the supervision time has expired, the probation department will send a letter to the State Attorney’s office indicating successful completion.  The State Attorney will then file a dismissal of your domestic violence case.

Seminole County Pre-Trial Diversion for Domestic Violence Charges

The Orange County State Attorney’s office may offer a deferred prosecution program for Orlando domestic violence cases called the Batter’s Intervention Program (BIP).  The Batter’s Intervention Program is supervised and run by the Orange County probation department.  The requirements for completion of this program consist of the following:  

  • 12 months supervision
  • $600.00 program cost
  • Random drug testing at individuals expense
  • Anger Management Class
  • No victim contact or no violent victim contact
  • Minimum of 40 community service hours
  • Drug dependency evaluation with treatment if indicated  
  • Costs to State Attorney, Intake, and phone reporting  

In order to initially be considered for the domestic violence PTD program, the participant must have no prior sentence or conviction for any domestic violence related charge regardless of time passage between offenses.  Once all the program conditions have been successfully completed and the supervision time has expired, the probation department will send a letter to the State Attorney’s office indicating successful completion.  The State Attorney will then file a dismissal of your domestic violence case.

Expunging or Sealing Orlando Domestic Violence Charges

Chapter 741.28 of the Florida Statute specifically excludes domestic violence battery convictions from being expunged or sealed. In other words, if you appear in court and enter a guilty or no contest plea (nolo contendere) in Orlando on a domestic violence charge, you will be disqualified from ever clearing your criminal record.  This is the case even where the court withholds adjudication of guilt.

However, if you domestic violence attorney is successful in achieving a dismissal of your charge, the law allows for a criminal record expungement on Orlando domestic violence battery charges.    Contact our office today to see if your domestic violence case qualifies to be expunged.

Contact Our Office Today

Orlando Domestic Violence and Injunction/Restraining Order cases should never be handled by general criminal practice attorneys. It takes years of criminal defense practice from both perspectives of a prosecutor and defense attorney and specialized Domestic Violence Defense training to properly represent the rights of a client arrested in Orlando for Domestic Violence or violation of an Injunction/Restraining Order. Attorney N. Fleetwood Tilden is in his 22nd year of criminal trial practice and is a former Central Florida Domestic Violence Prosecutor and has handled over 500 criminal Domestic Violence and Injunction/Restraining Order cases.

If you are interested in learning how your case can be resolved with a dismissal, please Contact Tilden Law for a free case evaluation to discuss your specific case.

 

Contact Criminal Defense Attorney N. Fleetwood Tilden – Free Initial Consultation

Criminal Defense Lawyer N. Fleetwood Tilden fights for clients in Orange County and Seminole County.

Call 407.599.1234 to speak with a highly experienced Central Florida attorney.