Waiting for action...
When a domestic violence accusation threatens your freedom, family relationships, and reputation, the consequences can feel overwhelming. These cases may involve criminal penalties, court-imposed no-contact conditions, potential civil injunction proceedings, and complications in related family law matters. At Novo Law, we understand the sensitive and serious nature of these allegations and provide steady, informed defense at every stage.
Your defense begins with a legal team committed to protecting your rights and ensuring your side of the story is heard. Our experienced domestic violence defense attorneys handle the legal complexities so you can focus on your life and your future. We confront prosecutors, investigators, and judges head-on to build a defense that safeguards your freedom and your family ties. Reach out to us at (954) 822-5198 to discuss your options today.
Domestic violence cases can move quickly, particularly in the first 24 hours after an arrest. You may face a first appearance hearing, bond conditions, an order barring contact with a loved one, and restrictions that affect where you can live and whether you can see your children.
When you work with Novo Law, your defense may include:
If you have been arrested or learned that you are under investigation, contact Novo Law at (954) 822-5198. Early legal representation can make an important difference in how your case develops.
Attorney Gabriela C. Novo brings more than 20 years of legal experience to domestic violence defense cases in Broward County. A former Assistant State Attorney for Broward County, she began her career at the State Attorney’s Office in 2005, that experience gives her firsthand insight into how prosecutors assess evidence, prepare witnesses, and build criminal cases.
Domestic violence accusations are rarely simple. They may arise after a heated argument, during a divorce or custody dispute, or after a 911 call made in the middle of a stressful situation. As your Fort Lauderdale domestic violence attorney, Gabriela C. Novo looks beyond the initial police report, investigates the full context, and works to identify the weaknesses in the State’s case.
Novo Law provides legal guidance in English and Spanish for the diverse communities of South Florida. A language barrier should never prevent you from understanding your charges, court conditions, legal options, or next steps.
Whether you are concerned about a first-time misdemeanor allegation or a serious felony accusation, a Florida domestic violence attorney at Novo Law can give you straightforward answers and focused advocacy. Call (954) 822-5198 to discuss your case confidentially.
Under Florida law, domestic violence includes certain criminal offenses committed by one family or household member against another. Depending on the allegations, these offenses may include:
Domestic violence allegations can take many forms, and the charge filed depends on the specific accusations, the relationship between the people involved, and the available evidence. Some cases are charged as misdemeanors, while others can expose a person to felony penalties, jail or prison, no-contact restrictions, and lasting consequences for employment, family relationships, and immigration status.
Domestic assault generally involves an allegation that someone intentionally threatened violence and appeared able to carry it out, creating fear of imminent harm. No physical contact is required, but the prosecution must still prove every element beyond a reasonable doubt.
Domestic battery commonly involves an allegation of intentional unwanted touching or striking of a family or household member. Even when an alleged injury is minor or not visible, the consequences of a conviction can be significant, including probation, counseling requirements, possible jail, and repercussions for employment and family relationships.
Domestic battery by strangulation is a third-degree felony in Florida. It involves allegations that someone intentionally impeded another person’s normal breathing or blood circulation by applying pressure to the throat or neck or blocking the nose or mouth, creating a risk of or causing great bodily harm.
Stalking allegations may involve repeated unwanted contact, following someone, monitoring communications, or sending messages that cause substantial emotional distress. These cases often depend on the wording, frequency, context, and history of the alleged communications.
A domestic dispute can escalate into allegations that one person prevented another from leaving a home, vehicle, or room. These felony allegations require a detailed review of the facts, including whether the alleged restraint was intentional and unlawful.
Violating a no-contact condition or injunction can lead to new criminal charges, even when the person protected by the order initiated contact. Do not assume an invitation, text message, or reconciliation removes a court order. Only a judge can modify or lift a court-imposed restriction.
After an arrest, law enforcement may take you to jail for fingerprinting, photographs, and processing. In many domestic violence cases, officers may make an arrest based on probable cause even if the other person later asks them not to.
Call Novo Law at (954) 822-5198 as soon as possible after an arrest. A domestic violence lawyer in Fort Lauderdale can help you understand your release conditions and avoid mistakes that could lead to additional charges.
A judge generally reviews the arrest soon after booking. The court may set bond and impose conditions, including no contact with the alleged victim, no return to a shared residence, firearm restrictions, alcohol restrictions, or other requirements.
A no-contact order may bar calls, texts, social media messages, third-party messages, and in-person contact. It can also require you to leave a shared home, even if you own the property or are listed on the lease.
If the person protected by the order wants contact restored, that alone may not change the order. Your attorney can seek a hearing to request modification or removal of the restriction when legally appropriate.
A no-contact order can make an already difficult situation even more stressful. It may prevent you from returning to your home, communicating with your spouse or partner, seeing your children, or handling shared financial and parenting responsibilities. Even if the protected person wants to speak with you or resume contact, you must follow the order unless and until a judge changes it.
Your attorney may ask the criminal court to modify a pretrial no-contact condition when the facts and circumstances support it. Depending on the case, a request may seek limited communication about children, use of a third party for necessary communication, property retrieval, or permission to return to a shared residence. Any change must come from the court, so do not rely on an invitation, text message, or reconciliation as permission to resume contact.
A criminal no-contact condition is different from a civil domestic violence injunction. The criminal court may modify a pretrial release condition, but a separate civil injunction must be modified or dismissed through the appropriate court process. Broward County’s domestic violence courts hear motions to modify or dismiss injunctions after they are issued.
Do not assume that a text message, invitation, reconciliation, or request from the protected person allows contact. Until the court enters a written modification, violating the order can result in arrest, bond revocation, or additional criminal charges. Contact Novo Law at (954) 822-5198 to discuss whether seeking a modification is appropriate in your case.
Is domestic violence a felony in Florida? It can be. “Domestic violence” describes the relationship between the people involved and the nature of the alleged conduct, but the underlying criminal offense determines whether the case is charged as a misdemeanor or felony.
For example, domestic battery is generally a first-degree misdemeanor. Domestic battery by strangulation, aggravated assault, aggravated stalking, and certain repeat battery allegations may be charged as third-degree felonies. More serious allegations, including aggravated battery with significant injury or use of a deadly weapon, can expose a person to higher-level felony penalties.
Simple domestic battery is generally a first-degree misdemeanor. A conviction can carry:
When a person is adjudicated guilty of a domestic violence offense and intentionally caused bodily harm, Florida law requires a minimum county-jail sentence of 10 days for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense.
If the offense occurred in the presence of a qualifying family or household member who is under age 16, the minimum jail terms increase to 15 days for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense.
Felony domestic violence charges carry substantially more serious consequences. A third-degree felony, which may include domestic battery by strangulation, aggravated assault, aggravated stalking, felony battery, or false imprisonment, can carry:
A second-degree felony can carry up to 15 years in prison and a fine of up to $10,000. A first-degree felony can carry up to 30 years in prison and a fine of up to $10,000. The actual exposure in an individual case depends on the charge, allegations of injury, use of a weapon, criminal history, Florida sentencing scoresheet, and other aggravating circumstances.
A felony conviction can also result in the loss of civil rights, including firearm rights, until those rights are restored under applicable law. It can create lasting barriers to employment, professional licensing, housing, and family law matters.
Florida law generally requires a minimum one-year term of probation and completion of a batterers’ intervention program for a person found guilty of, who pleads no contest to, or receives a withhold of adjudication for a qualifying domestic violence offense. The court may depart from the program requirement only in limited circumstances stated on the record or when the person does not qualify for the program.
The program can include regular classes, monitoring, fees, and strict attendance requirements. Failing to complete the program, missing required appointments, or violating another probation condition can lead to a probation violation and additional penalties.
A final domestic violence injunction in Florida prohibits the restrained person from possessing firearms or ammunition while the injunction remains in effect. A judge may also impose firearm-related conditions after an arrest, as part of bond or pretrial release. Federal firearm laws may create additional restrictions after certain convictions or qualifying protective orders.
For noncitizens, a domestic violence conviction, plea, withheld adjudication, or injunction violation can have severe immigration consequences. Depending on the offense and case outcome, it may affect visa eligibility, lawful permanent resident status, citizenship applications, admissibility, or removal proceedings.
Before accepting a plea offer, entering diversion, or agreeing to probation conditions, speak with a Florida domestic violence lawyer at Novo Law. Call (954) 822-5198 to discuss your criminal charges and the full consequences a conviction could have on your future.
In Florida, eligibility to seal or expunge a criminal record depends heavily on the final disposition of the case and the specific offense involved. If you are convicted of, or receive a withhold of adjudication for, certain domestic violence-related offenses, including assault or battery by one family or household member against another, Florida law generally makes the record ineligible for both court-ordered sealing and expunction.
This means that accepting a plea to domestic battery, even with a withhold of adjudication, may prevent later record relief. Before accepting a plea agreement or diversion offer, it is important to understand the possible long-term effect on your criminal record.
A different result may be possible if the State never files charges, enters a no-file decision, dismisses the case, or you are acquitted. Even then, expungement is not automatic. You must meet Florida’s statutory eligibility requirements, including restrictions related to prior sealing or expunction relief.
Some first-time misdemeanor cases may be considered for a diversion program, but eligibility is limited and is not guaranteed. The availability of diversion can depend on the charge, facts, prior history, alleged victim’s position, prosecutor approval, and program requirements.
Do not plead guilty simply because diversion has been mentioned. Novo Law can assess whether the program is a sound option, how it may affect your record, and whether a stronger defense may lead to a better outcome. Contact Novo Law at (954) 822-5198 to discuss the available options in your Broward County case.
Every case is different, but common defense strategies may include:
Have you or someone you love been accused of domestic violence? You don’t have to face it alone. Your future, family, and freedom depend on the steps you take right now and Novo Law is prepared to fight for you. Contact us today at (954) 822-5198 to speak with a domestic violence defense attorney in Fort Lauderdale.
Yes. A visible injury is not required for every domestic violence charge. For example, an allegation of assault, unwanted touching, stalking, or an injunction violation may lead to criminal charges even when there is no reported physical injury. The prosecution must still prove the specific elements of the offense, and a defense attorney can evaluate whether the evidence supports the accusation.
It can, but an accusation does not automatically end your parental rights or determine the final outcome of a family law case. Family courts consider the child’s best interests and may review criminal allegations, court orders, evidence, and safety concerns when making time-sharing decisions. A strong criminal defense can be important because the facts and outcome of the criminal case may affect related custody proceedings.
Yes, depending on the facts and evidence. Dismissal may be possible when the evidence is insufficient, witness statements are inconsistent, a key witness lacks credibility, the alleged victim recants, or law enforcement violated your rights during the arrest or investigation.
A reduction may also be possible in some circumstances, but no result can be guaranteed. A Florida domestic violence lawyer should review the police report, recordings, communications, prior history, and all available evidence before advising you about your options.
A domestic violence charge can create serious risks for noncitizens, but the consequences depend on the exact allegation, final case outcome, sentence, immigration status, and prior history. Some convictions, pleas, withheld adjudications, or violations of court orders can affect visa applications, lawful permanent resident status, naturalization, admissibility, or removal proceedings.
Do not accept a plea agreement, diversion offer, or probation condition without understanding its immigration impact. Novo Law can help coordinate a criminal defense strategy that accounts for these high-stakes concerns.
An arrest alone does not always create the same firearm prohibition as a final injunction or conviction, but the court may impose firearm-related release conditions in your specific case. A final domestic violence injunction in Florida prohibits the restrained person from possessing firearms or ammunition while the order remains in effect.
Follow every court order exactly as written. If you have questions about firearms, ammunition, surrender requirements, or a no-contact condition, speak with an attorney immediately rather than risking an additional charge.
Generally, a conviction for assault or battery of a family or household member is not eligible for sealing or expunction under Florida law. This makes the outcome of the criminal case especially important, because a domestic violence record can follow you in employment, housing, licensing, and family law matters.
If the charge is dismissed, you are acquitted, or you receive another non-conviction outcome, there may be a path to record relief depending on the circumstances. Novo Law can review the disposition of your case and explain whether sealing or expunction may be available.
