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

Domestic Violence in Port Orange: Frequently Asked Questions

A domestic battery allegation requires immediate action. Law enforcement agencies in our area—including the Port Orange Police Department and Volusia County Sheriff’s Office—take an aggressive stance on domestic battery calls. If authorities are dispatched to a domestic dispute, someone is likely going to jail. This happens even if the disagreement was minor, no one was injured, neither party called the police, and the other person does not want an arrest made.

If you have been accused, your reputation, your job, and your freedom are on the line. I have put together answers to these common questions to help you understand what you are facing.

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

Florida law does not require visible injuries—such as bruising or drawn blood—to justify a battery charge. The law only requires the state to prove that there was an “intentional touching” of a person against their will.

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

Simple battery is the intentional touching of someone against their will, or intentionally causing them bodily harm. That same charge becomes a domestic battery when the other party is legally classified as a “family or household member.”

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

The legal definition is broad and includes:

• Current and former spouses
• Individuals related by blood or marriage
• People who currently reside together (or have resided together in the past) as a family
• People who share a child in common, regardless of whether they were ever married

Is domestic battery a misdemeanor or a felony?

Domestic battery is typically classified as a misdemeanor. However, depending on the specific allegations, the State can elevate the charge to a serious felony if:

• You have a prior battery conviction on your record.
• A weapon was used during the incident.
• The alleged victim was pregnant, or 65 years of age or older.
• You impeded the breathing or blood flow of the other person by choking them or covering their airways (Domestic Battery by Strangulation).

What happens immediately after a domestic battery arrest in Port Orange?

You will be transported to the Volusia County Branch Jail. Typically, you will have your “first appearance” before a judge the following day. During this hearing, the judge determines if there was probable cause for your arrest, sets your bond, and dictates your pretrial release conditions. In domestic violence cases, judges almost always issue a strict Florida no-contact order at this hearing.

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

If a no-contact order is in place and the other party resides in your home, you are prohibited from returning. You will generally be allowed to return to the residence one time with a law enforcement escort to gather essential personal items. Do not attempt to return without a law enforcement escort and court permission. Criminal defense attorney Bill Arnau can file a motion asking the judge to modify the no-contact order to allow for nonviolent contact and your return to the home.

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

Not necessarily. In the State of Florida, an alleged victim cannot “drop” or “press” charges. While they can make their wishes known, the prosecuting attorney assigned to your case has the sole authority to decide whether to formally file charges or dismiss the case entirely.

What are the best strategies for domestic battery defense?

Your domestic battery defense strategy depends entirely on the unique facts of your case. Common legal approaches include:

• Proving the allegations are completely untrue.
• Demonstrating that the state lacks the evidence required to support the charge.
• Showing that you acted in lawful self-defense or the defense of another person.

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

Yes, it will have an immediate impact. As a condition of your pretrial release, the judge at the Volusia County Branch Jail will order you to surrender any firearms in your possession while the case is pending. Additionally, the Florida Department of Agriculture and Consumer Services will suspend your concealed weapon license.

It is critical to understand that under both Florida and federal law, a conviction for domestic battery will permanently strip you of your right to own or possess a firearm. Criminal defense attorney Criminal defense attorney Bill Arnau will fight these charges aggressively to protect you and your Second Amendment rights.

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

It is highly likely. If Port Orange Police officers or Volusia County deputies respond to a domestic violence call and children are present at the residence—even if they were completely unharmed or asleep in another room—law enforcement is generally required to notify the Florida Department of Children and Families (DCF).

This notification can trigger a separate, invasive child protective investigation into your home and family life, running parallel to your criminal case. Defense attorney Bill Arnau understands how to navigate both the domestic battery charges and the potential fallout with DCF.

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

It’s normal to feel overwhelmed. A domestic battery charge is very serious. That’s why I will take action immediately. As a Port Orange domestic violence lawyer, I have handled numerous cases throughout my career, bringing valuable perspective as both a former prosecutor and a defense attorney.

Timing is critical. After an arrest, prosecutors in the domestic violence intake unit at the State Attorney’s Office in Daytona Beach must review the case to decide if they will file an “information” (the formal charging document).

• If an information has not yet been filed: I can immediately reach out to the intake prosecutor to discuss legal defenses and present mitigating evidence on your behalf. In many instances, this proactive approach can prevent formal charges from ever being filed.
• If an information has already been filed: Your case is active, but there are still many paths forward. I will present your defenses directly to the assistant state attorney assigned to our case, file the appropriate strategic pretrial motions, and, if necessary, aggressively defend you before a jury at trial.