Criminal Attorney Bill Arnau Defends the rights of those arrested for Domestic Violence in Ormond Beach, Florida

Domestic Violence in Ormond Beach: Frequently Asked Questions

A domestic violence accusation is a crisis that requires an immediate response. Local law enforcement, including the Ormond Beach Police Department and Volusia County Sheriff’s Office, respond aggressively to domestic violence calls. If, while responding to a domestic violence call, an officer develops probable cause to believe even a minor touching occurred, someone is likely going to jail. This is true even if neither party called the police, nobody was injured, and no one wants to press charges.

When you are facing criminal charges, your livelihood, reputation, and freedom are suddenly in jeopardy. As an experienced Ormond Beach domestic battery attorney, I created this guide to help you navigate the immediate aftermath of an arrest.

Why was I arrested for domestic battery when nobody was hurt?

A common misconception is that you can only be arrested if the other person shows physical signs of abuse, like a scratch or a black eye. Under Florida law, police can make an arrest simply if they believe there was an “intentional, uninvited touching”—even if it left no mark at all.

What is the difference between simple battery and domestic battery in Florida?

In Florida, a standard battery involves intentionally touching or striking someone against their will. That exact same offense is upgraded to a domestic battery charge if the person involved meets the state’s legal definition of a “family or household member.”

Who counts as a “family or household member” under Florida law?

The statute covers more than just married couples. It includes:

• Current and ex-spouses
• Relatives by blood or marriage
• Individuals who live together (or previously lived together) as a family unit
• Anyone who shares a child together, regardless of their past or present marital status

Is domestic battery a misdemeanor or a felony?

Generally, a first-time domestic battery is charged as a first-degree misdemeanor. However, prosecutors can enhance it to a serious felony charge if:

• You have prior battery convictions on your record.
• The incident involved choking (Domestic Battery by Strangulation).
• A weapon was used or displayed.
• The accuser is pregnant or over 65 years of age.

What happens immediately after a domestic battery arrest in Ormond Beach?

Ormond Beach Police or Volusia Sheriff’s deputies will transport you to the Volusia County Branch Jail. You will be held without bond until you see a judge at “first appearance,” usually within 24 hours. The judge will review the probable cause, set your bond conditions, and almost certainly issue a strict Florida no-contact order.

Can I go back to my house if the other person lives there?

If the protected party lives at your shared residence, you cannot simply go home. Usually, the court will permit you a single visit accompanied by law enforcement to collect basic necessities and work clothes. Returning otherwise violates the order. Criminal defense attorney Bill Arnau can file a formal motion with the court seeking to lift or modify these restrictions so you can return home legally.

My partner wants to drop the domestic violence charges. Am I in the clear?

Unfortunately, no. Once an arrest is made, the State of Florida takes over the case. An alleged victim can sign a waiver of prosecution or ask 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 can choose to formally drop the charges.

What are the best strategies for domestic battery defense?

Every domestic battery defense is tailored to the specific evidence and circumstances. Common strategies include:

• Challenging the credibility of the accusations or showing they were fabricated.
• Demonstrating that you were acting in lawful self-defense.
• Proving that the prosecution simply doesn’t have enough independent evidence to secure a conviction beyond a reasonable doubt.

Will a domestic battery arrest affect my right to own a gun or my concealed weapons permit?

Absolutely. The judge will require you to turn in your firearms as a condition of your pretrial release from the Volusia County Jail, and the state will immediately suspend your concealed carry permit.

Furthermore, if you are convicted of a domestic violence crime, both federal and state laws will permanently prohibit you from possessing a firearm. Protecting your Second Amendment rights is a critical part of defending against these charges.

Will the Florida Department of Children and Families (DCF) get involved if kids were at the house?

Yes. Law enforcement officers are mandated reporters. If they respond to a domestic dispute in Ormond Beach 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 to have an attorney who understands how to manage the implications of both proceedings simultaneously.

The situation feels overwhelming. What will Attorney Bill Arnau do right away to help me?

As an experienced criminal defense lawyer in Ormond Beach and a former prosecutor, I start working immediately to protect you and your future.

• Pre-Filing Defense: If formal charges haven’t been filed by the State Attorney yet, I can contact the intake prosecutor directly to provide your side of the story, present mitigating evidence, and fight to prevent the charges from ever being officially filed.
• Aggressive Representation: If you’ve already been formally charged, I will scrutinize the police reports, watch the body camera footage, analyze the evidence for constitutional violations, file any necessary motions, and aggressively fight for a dismissal of the charges or an acquittal at trial.