Being arrested for domestic violence in Tampa can feel overwhelming. You may be confused, frightened, or even shocked by the allegations. Whether you’ve been accused unjustly or the situation escalated during an emotional conflict, what happens next can change the course of your life. This blog will explain the legal process, your rights, and how to protect yourself. If you or a loved one is in this position, acting quickly and getting help from an experienced criminal defense attorney is crucial. Matassini Law Firm has successfully defended domestic violence cases in Tampa for decades and is here to help you every step of the way.
Understanding Domestic Violence Charges in Tampa
What Qualifies as Domestic Violence in Florida?
Florida law defines domestic violence under Florida Statute § 741.28 as any assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another. A “household member” includes spouses, former spouses, people related by blood or marriage, co-parents of a child, and those who currently or previously lived together.
Even a minor physical altercation can result in a domestic violence charge. For example, if a couple argues and one person grabs the other’s wrist during the fight, that could be classified as misdemeanor battery under Florida law. The presence of visible injuries or a 911 call often triggers mandatory arrest policies by law enforcement in Tampa.
Penalties for Domestic Violence Convictions
Florida courts treat domestic violence charges seriously. A first-time offender could face up to one year in jail for a misdemeanor battery charge. Felony charges, such as aggravated battery or domestic violence with strangulation, can result in five years or more in state prison.
Beyond jail time, penalties may include probation, community service, mandatory anger management or batterers’ intervention programs, loss of firearm rights, and a permanent criminal record. These penalties can impact employment, housing, and child custody arrangements. If convicted, the court may also issue a permanent injunction that prevents you from contacting the alleged victim.
What to Do Immediately After Being Arrested for Domestic Violence
Stay Silent and Request a Lawyer
The most important thing you can do after being arrested is to remain silent. Anything you say to law enforcement, even if you believe you’re explaining your side, can be used against you in court. Politely inform the police that you are invoking your right to remain silent and want to speak to an attorney.
For example, if you tell police that the argument “got physical but wasn’t serious,” prosecutors can use that statement to prove the elements of a domestic battery. Do not speak to the police until your attorney is present.
Do Not Contact the Alleged Victim
Even if you believe the incident was a misunderstanding, do not attempt to contact the alleged victim. Courts in Tampa often issue “no contact” orders at the time of arrest. Violating that order, even by phone or text, can result in additional criminal charges and bond revocation.
Secure Legal Representation Early
The earlier you retain a criminal defense attorney, the better your chances of building a strong case. Matassini Law Firm begins working immediately to investigate the facts, gather witness statements, and challenge the prosecution’s evidence. Quick action can even lead to reducing or dismissing charges before the case reaches trial.
How the Legal Process Works in a Tampa Domestic Violence Case
Arrest and Booking
Once police make an arrest, you’ll be taken to the Hillsborough County Jail for booking. This includes fingerprinting, photographing, and entering your information into the system. Depending on the severity of the charge, you may be held without bond until your first appearance before a judge.
First Appearance and Bond Hearing
Within 24 hours of arrest, you will appear before a judge for a bond hearing. The judge will determine whether you can be released and under what conditions. If a no-contact order is issued, violating it can have serious consequences. An experienced attorney can argue for reduced bond or pretrial release to allow you to return to work and support your family.
Pre-Trial Motions and Discovery
Your defense attorney can file motions to exclude certain evidence, such as statements obtained without Miranda warnings or surveillance footage taken unlawfully. The discovery phase allows your attorney to review all evidence the prosecution intends to use, including police reports, 911 call transcripts, and witness statements.
Trial or Plea Negotiation
You have the right to a jury if the case proceeds to trial. However, many cases are resolved through plea negotiations. Depending on the strength of the prosecution’s evidence, your attorney may negotiate a plea to a lesser charge or seek dismissal altogether. Matassini Law Firm evaluates each case individually and will not recommend a plea unless it serves your best interest.
Domestic Violence Defenses Available in Florida
Common Legal Defenses to Domestic Violence Charges
Several defenses may apply to domestic violence cases. If you acted in self-defense or to protect someone else, your attorney can argue that your use of force was legally justified. In some cases, the allegations are entirely false or exaggerated. Your attorney may challenge the accuser’s credibility or present evidence that you were absent during the incident.
How Matassini Law Firm Builds a Strong Defense
The firm conducts a thorough investigation of the incident. This may include interviewing neighbors, reviewing medical records, checking for surveillance footage, and subpoenaing phone records. Every case is different, and a tailored defense strategy is essential for a successful outcome.
Long-Term Impacts of a Domestic Violence Conviction
Criminal Record and Background Checks
Domestic violence convictions are not eligible for sealing or expungement in Florida, even for first-time offenders. This means the charge remains on your record permanently and can be seen by employers, landlords, and licensing boards.
Firearm Restrictions and Other Civil Penalties
Federal law prohibits individuals convicted of domestic violence from owning or possessing firearms. You may also face restrictions when obtaining professional licenses, security clearances, or certain types of government assistance.
Family Law Implications
Convictions can severely impact divorce or child custody proceedings. Family courts often view a domestic violence record as a threat to the welfare of a child and may limit custody or visitation rights as a result.
How Matassini Law Firm Can Help If You’ve Been Arrested in Tampa
Local Experience in Tampa Courts
Matassini Law Firm has represented clients in Hillsborough County for over 45 years. The firm understands how local judges and prosecutors approach domestic violence cases, allowing it to prepare your defense accordingly.
Personalized, Aggressive Defense
The firm treats every case as unique. Matassini Law Firm is committed to protecting your future and reputation from negotiating pretrial resolutions to fighting charges in court.
Client Testimonials and Proven Results
Many former clients have avoided jail time or had charges dropped entirely with the firm’s help. Visit our testimonials page to learn more about how Matassini Law Firm has helped others in similar situations.
Key Takeaways
- If you’ve been arrested for domestic violence in Tampa, do not speak to police without legal counsel.
- A conviction can result in jail, a criminal record, and life-altering consequences.
- Act quickly and get an experienced Tampa criminal defense attorney on your side.
- Matassini Law Firm offers aggressive, experienced representation for domestic violence charges.
Frequently Asked Questions (FAQ)
Can the alleged victim drop the domestic violence charges?
No. Once an arrest has been made, only the State Attorney’s Office can decide whether to drop the charges, regardless of the alleged victim’s wishes.
Will I go to jail if this is my first domestic violence offense in Florida?
Not necessarily. First-time offenders may be eligible for diversion programs, probation, or negotiated pleas. However, outcomes vary depending on the facts of the case.
What happens if I violate a restraining order?
Violating a restraining order is a separate criminal offense that can result in additional jail time and penalties, even if the underlying charge is dismissed.
How much does it cost to hire a criminal defense lawyer in Tampa?
Fees vary based on the complexity of the case. Matassini Law Firm offers consultations to help you understand potential costs and defense options.
Can domestic violence charges be expunged from my record?
Generally, no. Convictions for domestic violence are not eligible for expungement or sealing under Florida law. This makes early legal intervention crucial.
Next Steps if You’re Facing a Domestic Violence Charge in Tampa
A domestic violence charge can carry lifelong consequences, but you don’t have to face it alone. Whether you’ve just been arrested or are awaiting trial, the time to act is now. Matassini Law Firm has the experience, local knowledge, and dedication to protect your future. If you or someone you love is facing a domestic violence charge in Tampa, call Matassini Law Firm at (813) 680-3004 today for a free and confidential consultation.