St. Petersburg Domestic Violence Lawyer

A domestic violence arrest in St. Petersburg sets several things in motion at once. You are held in the Pinellas County Jail until you see a judge. A no-contact order can keep you out of your own home. A prosecutor, not the person who called the police, decides whether charges are filed. And since July 1, 2026, a prior domestic violence case can turn a new misdemeanor into a felony.

Goldman Wetzel defends people charged with domestic battery and other domestic violence offenses in St. Petersburg and across Pinellas County. Both partners work on every case, and attorney Summer Goldman is a former prosecutor. Call (727) 828-3900 to speak with a St. Petersburg domestic violence lawyer. The consultation is confidential.

What Happens After a Domestic Violence Arrest in Pinellas County

1. You are held until first appearance. Florida law requires a person arrested for domestic violence to be held until a judge sets bail (Fla. Stat. § 741.2901). You will see a judge within 24 hours.
2. The judge sets bond and conditions. A no-contact order is typical. Unless the judge says otherwise, it bars calls, texts, and messages through other people, and it requires you to stay 500 feet from the other person’s home, even if you live there too (§ 903.047). It takes effect immediately.
3. Violating a condition is a new crime. Willfully violating a release condition in a domestic violence case is a separate first-degree misdemeanor, and you are held until first appearance again (§ 741.29).
4. The State Attorney decides what to file. The State Attorney’s Office for the Sixth Judicial Circuit reviews the arrest and decides whether to file charges, and which ones.
5. The case goes to court in Clearwater. If charges are filed, the case is heard at the Pinellas County Justice Center.

For more detail, see what happens after a domestic violence arrest.

Domestic Violence Charges and Penalties in Florida

Domestic violence is not a single charge. Under Fla. Stat. § 741.28, it is any assault, battery, stalking, false imprisonment, or other offense causing injury that is committed by one family or household member against another. That includes spouses and former spouses, relatives by blood or marriage, people who live or have lived together as a family, and parents of a child in common.

• Domestic battery (§ 784.03): touching or striking someone against their will, or intentionally causing bodily harm. A first-degree misdemeanor, punishable by up to one year in jail.
• Battery with a prior battery conviction (§ 784.03(2)): a third-degree felony, up to five years in prison.
• Domestic battery by strangulation (§ 784.041): a third-degree felony.
• Aggravated battery (§ 784.045): causing great bodily harm, using a deadly weapon, or battery on a person the accused knew or should have known was pregnant. A second-degree felony, up to 15 years.
• Aggravated assault (§ 784.021): a third-degree felony.
• Violation of an injunction (§ 741.31): a first-degree misdemeanor, or a third-degree felony for a person with a prior conviction for domestic violence or for violating an injunction who violates an injunction against the same person.

A domestic violence case also carries consequences that other misdemeanors do not:

• Minimum jail time. A person adjudicated guilty who intentionally caused bodily harm must serve at least 10 days in jail for a first offense, 15 for a second, and 20 for a third. The minimums are higher if a child under 16 in the household was present (§ 741.283).
• Probation and classes. A plea or finding of guilt means at least one year of probation, in most cases with a batterers’ intervention program (§ 741.281).
• A permanent record. A plea to domestic battery cannot be sealed or expunged, even if the judge withholds adjudication (§ 943.0584).
• Firearms. A person under a final domestic violence injunction may not possess a firearm or ammunition (§ 790.233), and federal law bars firearm possession after a conviction for a misdemeanor crime of domestic violence.

The 2026 Law: A Prior Case Can Make a New Charge a Felony

For offenses on or after July 1, 2026, a domestic violence charge moves up one level if the person already had a domestic violence conviction (Fla. Stat. § 741.2801). A first-degree misdemeanor domestic battery becomes a third-degree felony, punishable by up to five years in prison.

“Conviction” includes a no contest plea and a case where adjudication was withheld. A case you were told years ago was “not a conviction” may count.

Pinellas County is also part of a pilot program that runs through June 30, 2028. A judge who orders no contact as a condition of probation may add electronic monitoring, and must add it on finding clear and convincing evidence that the person poses a threat of violence to the other person. Our article on the 2026 domestic violence law covers the changes in detail.

Can the Charges Be Dropped?

Not by the person who called the police. Only the State Attorney’s Office can drop or reduce a charge, and Florida law directs prosecutors to make that decision even over the other person’s objection.

That does not mean every arrest becomes a conviction. Prosecutors still need evidence they can use in court, and the weeks before the filing decision are often when a defense lawyer can do the most, by giving the prosecutor facts and context the arrest report left out.

Do not contact the other person to ask them to drop the case. That violates the no-contact order and can lead to new charges. See can domestic battery charges be dropped for more.

How We Defend Domestic Violence Charges

These cases often come down to one person’s word against another’s. Every case is different, but our review starts with the same questions.

• Was it self-defense? Florida law allows a person to use reasonable force to protect themselves or someone else.
• Was the contact intentional? Battery requires an intentional touch or strike. An accident is not a battery.
• Is the accusation reliable? We compare the 911 call, body camera video, photographs, and written statements, and we look at whether a divorce, custody dispute, or breakup gave someone a reason to exaggerate.
• What can the State actually prove? When there are no injuries or independent witnesses, or the other person will not testify, we challenge whether the remaining evidence is admissible and whether it is enough.
• Does the relationship qualify? If the two people are not family or household members under the statute, the domestic violence consequences do not apply.
• Does a prior case count? We examine whether an old case meets the definition that triggers the 2026 felony enhancement.

When the evidence is strong, the work shifts to limiting the lasting damage, which in an appropriate case can mean a reduced charge or a resolution that avoids a domestic violence conviction.

Frequently Asked Questions

How long will I be in jail after a domestic violence arrest?

Until first appearance, which happens within 24 hours of the arrest. The judge then sets bond and release conditions. Our article on jail time for domestic violence covers what can happen after a conviction.

Can I go home after I am released?

Usually not while a no-contact order is in place, if the other person lives there. A lawyer can ask the judge to modify the order, and the judge will want to know what the other person wants.

Is domestic battery a felony in Florida?

Usually it is a first-degree misdemeanor. It becomes a felony when the person has a prior battery or domestic violence conviction, or when the charge involves strangulation, great bodily harm, or a deadly weapon. See is domestic battery a felony.

Will this stay on my record?

If the charge is dropped or you are acquitted, you may be able to have the record expunged. If you plead guilty or no contest to domestic battery, the record cannot be sealed or expunged, even with adjudication withheld.

What if the other person also filed for an injunction?

An injunction, often called a restraining order, is a separate civil case with its own hearing, usually within 15 days. What you say at that hearing can be used in the criminal case, so the two should be handled together. See our St. Petersburg injunctions lawyer page.

Related Pages

• St. Petersburg injunctions lawyer
• St. Petersburg battery lawyer
• St. Petersburg assault lawyer
• Domestic battery by strangulation
• Florida’s 2026 domestic violence law

Speak With a St. Petersburg Domestic Violence Attorney

The earlier a defense lawyer is involved, the more options there are. If you were arrested for domestic violence in St. Petersburg or anywhere in Pinellas County, contact Goldman Wetzel or call (727) 828-3900 for a confidential consultation.