If you’ve been arrested for domestic violence or domestic battery in Daytona Beach, I’ve got answers to your questions. Whether you are a Volusia County local or an out-of-state visitor, I will build an aggressive defense to protect your future. Call now and I’ll get started.
386-384-GOTUA domestic violence accusation is a crisis that requires an immediate response. The Daytona Beach Police Department and Volusia Sheriff’s Office adhere to strict pro-arrest policies when responding to domestic dispute calls. If officers arrive at your home or apartment, someone is likely going to jail—even if it was just an argument, there are no visible injuries, and no one wanted to press charges.
If you live here in Volusia County, your reputation, your job, and your freedom are on the line. I also frequently represent out-of-state visitors arrested during Bike Week or family vacations who are terrified of facing charges far from home. As an experienced Daytona Beach domestic battery attorney, I created this guide to help you navigate the immediate aftermath of an arrest.
A common misconception is that you can only be arrested if the other person shows physical signs of abuse, like a scratch or a bruise. Under Florida law, Daytona Beach police can make an arrest simply if they believe there was an “intentional, uninvited touching”—even if it left no mark at all.
If the alleged victim is a spouse, ex-spouse, relative, someone you live with (or previously lived with), or someone you share a child with, a simple battery becomes a domestic battery. This change brings harsher consequences if you are convicted, including additional counseling requirements, possible jail time and the permanent loss of your right to own a firearm.
Not on your own. When you bond out of the Volusia County Branch Jail, you will be placed under a strict no-contact order. Returning home alone violates that order. Usually, you are permitted a single visit accompanied by law enforcement to collect basic necessities and work clothes. Criminal defense attorney Bill Arnau can file a motion with the court seeking to lift or modify these restrictions so you can return home legally.
Yes. Law enforcement officers are mandated reporters. If they respond to a domestic dispute and children are at the home—even if they were completely uninjured or sleeping in another room—police will alert the Florida Department of Children and Families (DCF).
This typically launches a separate, highly intrusive child welfare investigation alongside your criminal case. It is vital that you contact me. I understand how to manage the implications of both proceedings simultaneously.
Absolutely. The judge will require you to turn in your firearms as a condition of your pretrial release, and the state will immediately suspend your concealed carry permit.
Protecting their Second Amendment rights is a critical factor when I defend my clients against Domestic Battery charges.
Hotels in the Daytona Beach area are quick to call law enforcement over noise complaints to avoid disturbing other guests. When police arrive, they operate under strict policies. If they suspect any unwanted physical contact occurred during the argument—even if there are no marks or bruising—they are likely to arrest who they determine to be the aggressor, regardless of whether anyone was actually hurt.
In most misdemeanor domestic battery cases, you do not have to travel back to Florida. I frequently represent tourists and visitors arrested during Bike Week, Spring Break, or family vacations. I can file a “Waiver of Appearance” on your behalf, allowing me to attend routine court hearings for you while you return home to your job and family. I will work the case while keeping you fully informed. When our case is resolved, I can often submit paperwork to close the case without you having to return to Volusia County.
Unfortunately, no. Once an arrest is made, the State of Florida takes over the case. An alleged victim can sign a Declination of Prosecution affidavit asking the State to drop it, but they do not have the legal power to dismiss the charges themselves. Only the Assistant State Attorney handling your case at the 7th Judicial Circuit can choose to formally drop the charges.
No, and this is a dangerous misconception. A no-contact order restricts you as the defendant. It prohibits you from contacting the alleged victim directly, indirectly, or through third parties.
The court does not restrict what the alleged victim can do, meaning there is no legal prohibition stopping them from reaching out to you. However, if they call or text you and you respond, you are violating the judge’s order. Violating a no-contact order can result in a new criminal charge and the immediate revocation of your original bond.
As an experienced Daytona Beach criminal defense lawyer and a former prosecutor, I start working immediately to protect your livelihood and your freedom.
100 E Granada Blvd, Suite 215F
Ormond Beach, FL 32176
TAKE APART THE CASE AGAINST YOU
Remain calm. Arguing with the officer or resisting the arrest can complicate the situation, and in some cases, lead to additional charges.
Request to speak with a lawyer and decline to answer any questions without counsel present.
Do not consent to any searches of your person, property or vehicle.
Do not discuss the facts or allegations of your case with anyone while you are in jail. NEVER DISCUSS THE FACTS OR ALLEGATIONS OF YOUR CASE ON A JAIL PHONE CALL.
Jail calls are recorded and law enforcement officers and prosecutors can access your calls. If you discuss the details of your case you may inadvertently make admissions or give information that could later be used against you.
If you are eligible, post your bond as quickly as you can. Make sure you understand all conditions of your release, including any reporting requirements or “No Contact” orders.
Confirm your next court date.
Do not post anything about your arrest and the case on social media.
Aggressive representation where you need it most.
The sooner I can review your case, the more options you have. Fill out the form to request a completely free, confidential case evaluation. I will review your situation and contact you with a plan for your defense.