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Florida domestic violence defense.

A domestic violence arrest in Florida often comes with no contact conditions on release, and a petition for an injunction can run alongside the criminal case. Both are handled together, from the injunction hearing to the criminal charge.

How domestic violence cases are handled

Each case starts with a close review of the evidence: what the state has, what it needs to prove and where the gaps may be. Options are discussed after that review, because the right path depends on the facts of the case.

The firm takes domestic violence cases in Brevard County from its Satellite Beach office and in Central Florida from its Orlando office, and also takes cases in Bay County and Broward County. The practice is led by David Cannady, a former Florida prosecutor admitted to The Florida Bar in 2014, and calls are answered 24 hours a day.

Charges we handle

Domestic Battery

Domestic battery in Florida is a battery charge involving a family or household member.

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Domestic Assault

Domestic assault in Florida involves a threat of violence against a family or household member, without physical contact.

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Restraining Order Defense

In Florida, what most people call a restraining order is formally an injunction for protection.

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Injunction for Protection

An injunction for protection is a Florida court order that can restrict contact, housing and firearm rights.

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Dating Violence

Dating violence in Florida usually comes up in two ways: a petition for a dating violence injunction under F.S.

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FAQ
Florida's implied consent license suspension applies to the breath test after a lawful DUI arrest, not to the roadside exercises. Field sobriety exercises, such as the eye test, the walk and turn and the one leg stand, are meant to be given and scored under national NHTSA standards, and video from the stop can show how they were given.
By driving in Florida, a driver is deemed to have agreed to a lawful breath test after a DUI arrest. A first refusal leads to a one year administrative suspension. A second refusal leads to an 18 month suspension and a first degree misdemeanor charge, and a refusal can be used as evidence at trial.
The standardized field sobriety exercises are the horizontal gaze nystagmus eye test, the walk and turn and the one leg stand. They are meant to be given and scored under national NHTSA standards. Video from the stop and the officer's report can be compared with those standards to see how the exercises were actually given.
Florida law calls the offense DUI under F.S. 316.193. There is no separate DWI statute in Florida. DWI is an older term, or one used by other states, but every Florida impaired driving prosecution is filed as a DUI.
A case can end by dismissal, plea or trial, and which one happens depends on the evidence. If evidence was obtained unlawfully, for example after a stop without reasonable suspicion, a motion to suppress asks the court to exclude it. No outcome can be predicted at the start, but the evidence can be reviewed for problems like these.
No. A DUI conviction cannot be sealed or expunged in Florida, and courts cannot withhold adjudication on a DUI. Depending on the evidence, a DUI may in some cases be resolved as a lesser charge such as reckless driving, which is one reason the evidence is reviewed carefully before any plea.
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