Fort Myers Domestic Violence Lawyer
Last updated on March 26, 2026
Domestic violence charges bring not only serious criminal penalties but also lasting personal and professional consequences. Even before your case reaches court, you may face public judgment and restrictions that affect your home life, work and family relationships. That’s why it’s crucial to respond quickly and work with a skilled defense attorney who understands how these cases move through Florida’s legal system.
In Southwest Florida, the firm to contact is the Lee Viacava Law Firm. Fort Myers domestic violence attorney Lee Viacava has more than 18 years of experience defending clients accused of battery and related offenses. He will work tirelessly to protect your rights, reputation and freedom.
What Florida Law Says About Domestic Violence Charges
Domestic violence allegations are unique among criminal allegations because they almost exclusively take place in the home. Under Florida law, domestic violence can include any assault, battery, sexual assault, stalking, kidnapping or similar offense committed against a current or former spouse, relative, co-parent or someone living in the same household.
Jurors often must rely on one person’s account of what happened, which can make these cases especially complex. Despite limited evidence, a conviction can lead to jail time, loss of firearm rights, probation or mandatory counseling programs. It can also restrict where you live and who you can contact, including your own family.
Types Of Domestic Violence Charges In Florida
Florida recognizes several offenses that fall under domestic violence, including:
- Simple battery: Intentionally touching or striking another person against their will or causing bodily harm.
- Aggravated battery: Using a deadly weapon or causing serious injury during an altercation.
- Assault or aggravated assault: Threatening harm or using a weapon to intimidate a family or household member.
- Violation of an injunction (restraining order): Contacting or coming near someone protected by a court-issued order.
Each charge carries distinct penalties, but all can have long-term consequences for your freedom, employment and family relationships.
Immediate Consequences After A Domestic Violence Arrest
After a domestic violence arrest in Florida, certain restrictions take effect immediately, even before a conviction. Common consequences include:
- No contact orders: Courts often issue these automatically, preventing any communication with the alleged victim.
- Mandatory jail hold: In many cases, you cannot post bond or be released until after your first court appearance.
- Loss of firearm rights: You may be prohibited from possessing or purchasing firearms while the case is pending.
- Stay away order: this can prevent you from returning home, seeing your children or accessing personal belongings.
These restrictions can create significant challenges, but Mr. Viacava can help you seek modifications or early relief when appropriate.
Crafting A Defense To Battery Charges
It is possible in some cases to deny that you ever touched or harmed the victim. In many cases, though, you would likely use what’s called an “affirmative defense.” That means that you admit to making contact with the victim but claim that your actions were necessary/justified, accidental or consensual.
Affirmative defenses to battery can include:
- Self-defense because you were attacked or were credibly threatened with an attack
- Defense of another person
- Defense of your personal property
Your defense will depend on the specific facts, available evidence and strength of witness testimony. With experienced representation, you may have more legal options than you initially realize.
Frequently Asked Questions About Domestic Battery in Florida
Can domestic battery charges be dropped if the victim does not want to press charges?
Not necessarily. In Florida, prosecutors decide whether to pursue a case. Even if the alleged victim asks to drop the charges, the State Attorney’s Office may still move forward with prosecution.
How long does a no-contact order last?
A no-contact order typically remains in effect until a judge modifies or lifts it. This may occur during later court hearings if the court determines contact is appropriate.
How long does a stay away order last?
A stay-away order usually remains in effect unless a judge later modifies or removes it. This can happen during a subsequent court hearing if the court determines that allowing contact is appropriate.
Is domestic battery always a misdemeanor?
No. While many first-time offenses are charged as misdemeanors, prior convictions or serious injuries can elevate the offense to a felony.
Can someone go to jail for a first domestic battery offense?
Yes. A conviction can result in up to one year in jail, and Florida law requires a minimum 10-day jail sentence if bodily harm occurred.
Contact Us For A Private Consultation About Your Case
The Lee Viacava Law Firm is based in Fort Myers and serves clients throughout Southwest Florida. To discuss your case in a confidential consultation with a Fort Myers domestic violence lawyer, call the firm at 239-672-8934 or reach out online. Early action can make a critical difference in protecting your rights and your future.
