Domestic Battery Attorney in Orange County, FL
After an arrest for domestic violence battery in Orange County, FL, contact attorney Jocelyn Dopson-Rodriguez, an experienced criminal defense attorney at Sammis Law Firm. Call 813-250-0500 for a free consultation.
When you call, ask to speak to Ms. Dopson-Rodriguez about the unique facts of your case during a confidential and free initial consultation. She can explain the specific policies and procedures in “domestic violence” court in Orange County, FL.
We understand why entering a “guilty” or “no contest” plea might not be a good option in your case. Our clients typically want the charges dropped quickly so they can petition the court to expunge any record of the arrest and prosecution.
To get the best result, we recommend taking the allegations seriously and strictly complying with all court requirements until the case is resolved. We can also help you tailor a pro-active approach by seeking counseling early in the case which often results in a better resolution and puts the prosecutor in a better position to drop the case.
Attorney Jocelyn Dopson-Rodriguez can can help you at every stage of the case, including:
- the pre-file investigation when the prosecutor might be convinced not to formally file any domestic battery charge;
- the first appearance where the court sets the pre-trial release and bond conditions;
- during motions to modify the “no contact” provision of the bond so you can return to your home;
- during the arraignment;
- during any disposition hearings or pre-trial conferences;
- while determining your eligibility for diversion programs (and explaining the pros and cons of each program);
- during pre-trial motion hearings to exclude prejudicial evidence or dismiss the charges;
- a jury trial to obtain a “not guilty” verdict;
- filing the petition to seal or expunge the criminal record.
Domestic battery cases are different from other types of cases in Orlando and Orange County, FL, because:
- the court might impose a “no contact” provisions that prohibits you from seeing your spouse or children or returning to your home until certain conditions are met such as completing an anger management course, the batterers’ intervention program, obtaining a mental health or substance abuse evaluation, and/or showing that DCF was notified and closed their investigation;
- the cases are funneled into “domestic violence court” created to handle misdemeanor cases related to domestic violence, including violations of injunctions and indirect criminal contempt proceedings;
- the Office of the State Attorney in Orange County in Orlando, FL, have a team of specially trained prosecutors, criminal investigators, and support staff assigned to prosecute these cases;
- victim advocates might promise support with housing, job placement, and childcare assistance which can contribute to false or exaggerated accusations; and
- millions of dollars in federal and state grant money fund the investigation of domestic violence battery cases to increase conviction rates and impose harsher sentences.
With all these resources working against you, you need a criminal defense attorney who can passionately and aggressively defend your rights. We work hard to protect you against false or exaggerated allegations.
The prosecutor often become more reasonable once they realize that you and your attorney are willing to go to trial to fight for the “not guilty” verdict. In fact, cases are often settled for the best result right before trial.
Lawyer for Domestic Violence Battery in Orange County, FL
If you were accused of domestic violence in Orange County, contact an experienced criminal defense attorney at Sammis Law Firm. Attorney Jocelyn Dopson-Rodriguez presents clients through Florida’s Ninth Judicial Circuit Court in the heart of Central Florida throughout Orange and Osceola counties.
Although the alleged victim cannot “drop charges,” their opinion comes into place when the accused begins to fight the charges. Prosecutors with the State Attorney’s Office decide whether to file and how to prosecute the domestic battery charges after reviewing the evidence. Although you should not speak with the alleged victim about the accusation, your criminal defense attorney can contact the victim to learn more about what happened.
If you were arrested for a misdemeanor domestic violence charge in Orange County, such as domestic battery or violation of a no-contact order, Attorney Ms. Jocelyn Dopson-Rodriguez can help. She also represent clients on misdemeanor domestic violence charges as well as more serious felony domestic violence cases for aggravated assault and aggravated battery.
Ms. Jocelyn Dopson-Rodriguez focuses on fighting domestic violence cases in Orange County, FL. She if particularly familiar with the procedures used by the Orlando Police Department and the Orange County Sheriff’s Office with investigating domestic battery charges.
She began her career as an Assistant Public Defender where she represented hundreds of clients charged with misdemeanor crimes, including domestic violence assault and battery cases. She is experienced filing motions to lift a no contact provision, as well as dealing with related issues such as an injunction for protection or new charges for violation of pretrial release. That experience gives her a deep understanding of how Orange County courts handle the unique cases on a case by case basis.
If a petition for a civil injunction for protection against domestic violence (restraining order) is filed against you in Orange County, FL, Jocelyn Dopson-Rodriguez can also represent you at the hearing.
We know the unique policies and procedures used for domestic violence cases in the courtroom of the Honorable Holly Grissinger in Division R of the County Court. Let us use our experience to help you.
Call 813-250-0500.
Domestic Violence Procedures used by the Orange County Sheriff’s Office
Effective, March 12, 2025, the Orange County Sheriff’s Office amended its standard operating procedures for domestic violence battery cases investigated by its deputies. The purpose of the general order is to set uniform procedures for investigating allegations of domestic violence, dating violence, sexual violence and repeat violence in Orange County.
Deputies are trained to vigorously enforce all laws applicable to domestic violence using a “pro-arrest philosophy.” That pro-arrest philosophy encourages the officer to make an arrest in domestic violence, dating violence, sexual violence, and repeat violence cases whenever “probable cause” exists.
The general order defines “domestic Violence” to include any criminal offense resulting in physical injury or death of one family or household member by another family or household member including:
- assault or aggravated assault;
- battery or aggravated battery;
- sexual assault or sexual battery;
- stalking or aggravated stalking;
- false imprisonment; or
- kidnapping
The phrase “family or household member” is defined to include spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
The term “family or household member” for the purpose of domestic violence charges in Orange County, FL, does not include roommates whose relationship is strictly platonic. Likewise, the term does not include co-workers or acquaintances.
Determining the Primary Aggressor to Avoid Duel Arrests
The deputies investigating these crimes often have a hard time determining when the alleged victim is making false or exaggerated allegations which are common in domestic violence cases. To complicate matters, the deputies must determine the “predominant offender” or “primary aggressor” which is the person who commits, attempts to commit, or threatens to commit violence against another, and whose actions are not consistent with lawful self-defense.
When determining who is the “predominant offender” or “primary aggressor,” deputies with the Orange County Sheriff’s Office are trained to consider the following factors:
- the extent of any injuries inflicted;
- the fear of physical injury because of past or present threats;
- whether any actions were taken in self-defense or to protect family members based on:
- Reasonableness of fear of harm
- Circumstances at the onset of violence
- Defense wounds
- Disparity in physical size
- Use of weapons
- Existence or previous existence of orders for protection
- History of domestic/dating abuse perpetrated by one party against the other.
Deputies are trained to determine the “predominant offender” or “primary aggressor” in order to avoid the dual arrest that might victimize the victim. The deputies often have a difficult time making this determination when both parties have demonstrated violent behavior toward one another.
This policy is intended to recognize that a person is not criminally liable for using reasonable levels of force in self-defense. Florida Statutes state that arrest is the preferred response for the primary aggressor, not for a person who was attempting to defend him or herself or other family members.
Factors Considered When Making a Domestic Battery Arrest
If probable cause cannot be established due to conflicting statements and/or insufficient evidence, the deputy is trained to complete and forward an Incident Report to the Domestic Violence squad at the sheriff’s office in Orange County, FL. If an arrest is not made, the deputy shall make every effort to secure the safety of the involved parties at the scene.
Deputies are trained that some factors are irrelevant to their decision on whether to arrest and whom to arrest. Those factors might include:
- Whether the alleged offender volunteers to leave the residence to defuse the situation;
- Whether the victim refuses to cooperate with prosecution of the case and insists that the offender not be arrested;
- Whether either party assures the deputy that no future violence will occur;
- Whether there are visible signs of injury which does not conclusively prove that an act of domestic violence did not occur; and
- Whether party tells the deputy that an arrest will negatively impact minor children.
Deputies are trained to inform the alleged victim about Domestic Violence Centers offering services in Orange County. The alleged victim will receive a “Guide for Victims and Witnesses” which includes a “Legal Rights and Remedies Notice to Victims” listed in the guide.
If the deputy with the Orange County Sheriff’s Office determines an act of domestic violence or dating violence has been alleged, a written report must be completed which should include the following:
- A statement that the alleged offense was an act of domestic violence or dating violence.
- A statement of the physical injuries observed, if any.
- If an arrest is not made, the report must indicate why an arrest was not made, or if two or more persons are arrested, the report must indicate independent probable cause for each arrest.
- When possible, victim and witness statements, to include statements from children present, will be attached.
- Within twenty-four (24) hours the agency shall send a copy of the report, minus all victim and witness statements and other parts of an active criminal investigation, to the nearest locally-certified Domestic Violence Center. The report furnished to the Domestic Violence Center must include a narrative description of the domestic violence incident.
In many of the most serious cases, a Domestic Violence Detective will be assigned. The Domestic Violence detective with the Orange County Sheriff’s Office will be given a detailed account of the incident so they can render appropriate assistance and respond to a location to assume command of the crime scene.
What Happens when the Alleged Victim Does Not Want to Prosecute?
Deputies are trained to obtain victim and witness statements. If the victim refuses to prosecute/testify, the deputy will ask the alleged victim to write out a statement explaining what occurred. At the end of the completed statement, the deputy might tell the alleged victim that they may write: “I will not testify nor will I cooperate with prosecution.” If the victim refuses to complete a statement document this fact in the complaint report.
The deputy will not typically obtain an “Declination of Intent.” Instead, the alleged ictim’s desire not to prosecute or testify will not prevent a deputy from effecting an arrest. Florida Statutes state that the decision to arrest and charge will not require consent of the victim.
The Orange County Sheriff’s Office has a domestic violence/dating violence no drop policy. Deputies will not take a sworn statements for the sole purpose of stating that the victim does not want to press charges, or that they want the charges dropped after the initial statement/report has been taken. However, deputies might still take a subsequent statement if the person wants to recant his/her previous statement. However, it is recommended that deputies refer this individual to a detective. A person desiring to drop charges shall be referred to the State Attorney’s Office.
What Happens at the Misdemeanor Arraignment in Orange County?
After the arrest for a domestic violence charge in Orange County, a prosecutor with the State Attorney’s Office in Orlando, FL, typically takes twenty-one (21) days to decide whether to file any formal charge and proceed with the prosecution. If the prosecutor decides not to file any charges, then the prosecutor files a “no file” document.
If any formal charge is filed, you will notice from the clerk’s office that the case has been scheduled for a misdemeanor arraignment hearing.
The notice will tell you the charge or charges pending against you, the case number, and the division to which the case is assigned. If you know the division to which the case is assigned, you can determine which judge in Orange County will preside over the case.
At the misdemeanor arraignment hearing for the domestic violence charges, the court will do the following:
- advise you of the domestic violence charge pending against you;
- ask whether you intend represent yourself, hire a private attorney, or ask the court to appoint an attorney with the public defender’s office to represent you;
- allow you to enter a “not guilty” plea; and
- reset the case for a pre-trial conference or disposition hearing.
If you have already hired a private attorney, they will typically file a plea of not guilty and give you express written permission to be excused from attending the arraignment. Unless your attorney excuses you from appearing, if you fail to appear as required by the court notice and are not currently in custody, the court will issue a warrant for your arrest. The court might also revoke your Release-On-Recognizance (ROR) bond, or your surety or cash bond might be estreated.
How Domestic Battery Cases are Resolved in Orange County, FL
If you sit in courtroom in Orange County where these cases are being handled, you will see that many are resolved with:
- a guilty plea and adjudication of guilt;
- twelve (12) months of probation (with or without some jail time);
- fines of $875 (plus additional costs of supervision, investigation, and prosecution);
- a requirement to complete a 26-week Batterer’s Intervention Program (BIP) in Orange County; or
- entering a diversion program.
The Court might continue the “no contact” provision until probation is completed. A better result might occur if the prosecutor agrees to drop the charge to “disorderly conduct” with a withhold of adjudication so that you might seal the record. Of course, the best result is getting the charges completed dropped by the prosecutor or dismissed by the judge.
This article was last updated on Friday, February 6, 2026.
