Pinellas County Domestic Violence Lawyer: Domestic Battery Charges in St. Petersburg and Clearwater

In Florida, what most people call domestic violence is usually charged as domestic battery, which is a battery between family or household members. After a domestic battery arrest in St. Petersburg, Clearwater, Largo, or elsewhere in Pinellas County, the first days generally follow a set path: booking, a hold until a judge addresses release, and release conditions that often limit contact with family or the home. Attorney Ron Frey of The Frey Law Firm, LLC defends people charged with battery and domestic battery in the Pinellas County courts, from our Tampa office just across the bay.

If you or a family member has been arrested, please call (813) 775-2276 or toll-free (844) 766-3739. Your consultation is free and confidential.

Domestic Battery Cases in the Sixth Judicial Circuit

Pinellas County shares Florida’s Sixth Judicial Circuit with Pasco County. Generally, misdemeanor domestic battery cases are heard in County Court, and felony cases, such as aggravated battery or domestic battery by strangulation, are heard in Circuit Court. Most Pinellas criminal cases are heard at the Pinellas County Justice Center on 49th Street North in Clearwater.

The Office of the State Attorney for the Sixth Judicial Circuit prosecutes these cases. Florida State Attorney’s Offices generally follow a pro-prosecution approach in domestic battery cases, which is why a case can move forward even when the alleged victim does not want it to. The State, not the alleged victim, decides whether charges are filed.

After the Arrest: Booking and First Appearance

People arrested in Pinellas are generally booked into the Pinellas County Jail, on the same campus as the Justice Center. Generally, under Florida law, a person arrested on a domestic battery charge stays in custody until a judge addresses release, rather than posting a standard bond. First appearance generally happens within 24 hours of arrest. The person typically appears by video from the jail, while the defense attorney is in the courtroom with the judge and the prosecutor.

Before that hearing, the State Attorney’s Office typically reviews the person’s history, including prior arrests and any prior injunctions. The judge then sets bond and release conditions with the alleged victim’s safety in mind. (Our post on first appearance in Hillsborough County walks through the first day in more detail, and the basic Florida rules are generally the same in Pinellas.)

No-Contact Conditions

Release in a domestic battery case generally includes a no-contact condition. That typically means no contact with the alleged victim in any form, whether in person, by phone, by text, through social media, or through other people. It often means staying away from the shared home as well. Courts expect these conditions to be followed closely, even if the alleged victim reaches out first. Generally, a willful violation can lead to a new charge and another hold until first appearance.

Only the court can change these conditions, but changes are often possible. Attorney Ron Frey has handled many cases where he asked the court to change a no-contact order to a no-violent-contact order, or to make other changes, such as allowing a return home or contact about the children. Every case is different, and whether a change is granted depends on the facts and the judge.

Pretrial Intervention and Domestic Battery Charges

Pinellas County has pretrial intervention and domestic violence intervention programs, and some people charged with domestic battery may qualify for them. Whether a program is available depends on the facts of the case and is decided by the State Attorney’s Office, so it is worth talking with an attorney about whether one could apply. (For more on pretrial intervention in this county, see our post on Pinellas PTI.)

How Attorney Ron Frey Approaches a Domestic Battery Case

Drawing on his experience with many of these cases, Attorney Ron Frey looks closely at what actually happened: the 911 call, body camera footage, photographs, medical records, the statements each person gave, and whether the evidence supports the charge that was filed. Common issues include self-defense, a lack of independent evidence, and statements that changed over time. In his experience, a person contacted by law enforcement about a domestic incident is generally best served by using the right to remain silent and speaking with an attorney before giving any statement.

For a fuller look at Florida domestic battery law, including firearm consequences and the batterers’ intervention program, see our main domestic violence defense page. For other Pinellas charges, see our Pinellas County criminal defense page.

Talk With Attorney Ron Frey

Attorney Ron Frey has over 20 years of experience defending people facing criminal charges, and he is a member of the Florida Association of Criminal Defense Lawyers and the Pinellas County Association of Criminal Defense Lawyers. These laws change often, so it is a good idea to talk with an attorney about the details of your situation. No lawyer can promise a result, but you should understand where you stand before you make decisions. Please call first. You can talk with us by phone, by video, or at our Tampa office, and your consultation is free and confidential.

Call (813) 775-2276 or toll-free (844) 766-3739.

This page is for general information only. It is not legal advice, and reading it or contacting The Frey Law Firm, LLC does not create an attorney-client relationship.