Domestic Violence Defense in Northwest Florida

No — and this surprises most clients. Once a domestic violence report is made, the decision whether to prosecute belongs to the State Attorney, not the alleged victim. Even if the person who called 911 wants the case dropped, the state can (and often does) move forward anyway. An experienced attorney can still work to have charges reduced or dismissed based on the evidence.

Yes. Under the federal Lautenberg Amendment, anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition. For service members, law enforcement, and hunters, this is often the single most serious consequence of a DV conviction — and one of the strongest reasons to fight the charge rather than plead to it.

Florida injunction hearings happen quickly — often within two weeks of the petition being filed. The judge decides whether to grant a final injunction based on testimony and evidence presented that day. Having an attorney present is critical: an injunction can bar you from your home, require you to surrender firearms, and appear on background checks. You generally get one chance to tell your side.

A no-contact order or injunction can complicate custody and visitation arrangements significantly. The terms of the order control whether you can communicate with your children, go near the home, or attend school events. Attorney Gilbert can move to modify overly broad orders so you can maintain contact with your kids while the underlying case is pending.

False accusations do happen — particularly in contested divorces and custody disputes. Defense strategies include preserving text messages, voicemails, and social media; identifying prior inconsistent statements; documenting the accuser's motive; and where appropriate, pursuing perjury or malicious prosecution remedies. Do not wait and do not try to contact the accuser directly — call an attorney first.