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By Kevin A. Raudt

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Criminal Defense

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Last Modified on Apr 07, 2026

Being accused of domestic violence can dramatically impact your life. If you are facing charges, it is vitally important to hire a domestic violence lawyer in Jacksonville. They can help you understand what happens after a domestic violence arrest in Florida and prepare you for the next steps.

If you are facing domestic abuse charges, our law firm can help. Having defended thousands of domestic violence cases, Kevin A. Raudt, P.A., understands what it takes to defend you. As a trusted St. Johns County attorney, he is well-versed in Florida domestic violence laws and a firm advocate for each of his clients.

Florida Domestic Violence Law

In fiscal year 2023 to 2024, the Florida Domestic Violence Hotline received 14,950 calls. Florida takes domestic abuse allegations very seriously. Types of domestic abuse charges include:

• Assault and battery
• Sexual assault
• Stalking
• Kidnapping
• False imprisonment
• Threats, intimidation, or emotional abuse

The consequences for a domestic violence conviction depend on the circumstances. If it’s a first-time offense, then the guilty party must spend a minimum of ten days in the county jail. A second-time offender will receive at least 15 days and 20 days for three or more offenses. If the violence occurs in front of a child, then the sentence is longer.

A misdemeanor domestic violence charge might also include a battery charge. The jail time and fines increase based on the severity of the crime. The consequences can vary in intensity, so an experienced domestic violence attorney is vital.

What Happens After a Domestic Violence Arrest in Florida

After you are arrested, within 24 to 48 hours, you will have an initial court appearance, otherwise known as an arraignment. During this hearing, the judge will read your charges, and you may enter a plea. The judge will likely issue a protective order as well.

After this, the domestic violence case usually enters a pretrial phase. In this phase, your lawyer can investigate your case and work to build a defense strategy. Attorneys can file motions and negotiate potential plea bargains during this time.

The majority of domestic violence cases end with a plea agreement, but if the case goes to trial, then a domestic violence lawyer can fight for you. If there is a conviction, then the penalty will depend on multiple factors.

Restraining Order Defense

A restraining order has the potential to profoundly impact your career, reputation, and even personal freedom. It is possible to build a strategy to help defend you, and a skilled domestic violence lawyer can help you do that. Possible restraining order defenses include:

• Procedural issues: The court must follow a specific protocol when it comes to restraining orders. If they fail to do so, that might be grounds for dismissal.
• Not enough proof: In order to file a restraining order, the person asking for the order must provide evidence to support their claims.
• False allegations: False statements or exaggerating the situation can call the entire restraining order into question.

After someone petitions for a restraining order, the evidence is reviewed in a hearing. If you are successful, then it could be dismissed. Sometimes, a reciprocal restraining order is put in place in order to protect both parties. If a restraining order is granted, the restrictions must be followed, or there could be jail time or steep fines.

Hire a Domestic Violence Lawyer

If you are facing domestic violence allegations, don’t wait to get help. A domestic violence lawyer is here to guide you through the process. A domestic violence lawyer is able to:

• Investigate the circumstances and evidence behind the claim
• Answer your questions and provide legal advice
• Prepare a solid defense strategy
• Negotiate with the prosecution
• Represent you at the St. Johns County Courthouse on Lewis Speedway or in other locations.
• Appeal an unfavorable ruling.

A domestic violence lawyer can help protect your future and your reputation. Hiring one can vastly improve your chances of a successful outcome.

FAQs About Florida Domestic Violence Arrest

Why Do Most Domestic Violence Cases Get Dismissed?

Most domestic violence cases get dismissed due to insufficient evidence. Without the proper evidence, there is no way to substantiate the claim. Another factor that can lead to dismissal could be procedural issues by law enforcement, like violating constitutional rights or committing errors during an arrest. A domestic violence attorney can review your case to find out if these factors might apply to you.

How Long Do Domestic Violence Charges Take?

Domestic violence charges take less time than people think. The first court appearance typically occurs within 24 hours. This is called an arraignment, where the judge reads the prosecution’s criminal charges and the defendant enters a plea. After that is the pre-trial phase, where your domestic violence lawyer investigates the circumstances surrounding the trial and builds a defense strategy, along with exploring an opportunity for a plea bargain.

What Are the Consequences of Being Accused of Domestic Violence?

Being accused of domestic violence can have far-reaching consequences. Allegations can affect child custody arrangements and visitation rights. A judge could decide to remove your access to the children temporarily. Accusations can also impact employment, especially in specific careers like healthcare, law, and education. Having an experienced domestic violence lawyer on your side is vital to help you improve your potential outcome.

What Are the Steps in a Domestic Violence Case?

The steps in a domestic violence case begin with the arraignment. In this, the judge reads the charges, and the defendant has the opportunity to enter a plea bargain. After the initial court appearance, the discovery phase begins. During this time, the prosecution presents its evidence. Your defense lawyer has time to investigate the circumstances and build a domestic violence case.

Contact Kevin A. Raudt, P.A. Today

With over 40 years of experience as a domestic violence attorney, Kevin A. Raudt, P.A., is well-prepared to help you face your charges. He’s handled thousands of cases like yours and has the ability to tailor that experience to your unique circumstances.

Kevin A. Raudt, P.A., can help improve your chances of success. To find out how he can help you, contact our office today to schedule a consultation.