INTRODUCTION: DOMESTIC VIOLENCE IN THE AMERICAN LEGAL SYSTEM
Domestic violence charges have become among the most emotionally and legally complex cases in the American criminal justice system. While society must confront and condemn genuine abuse, the legal pendulum has in many jurisdictions swung toward near-automatic prosecution, often overlooking nuance, context, and the presumption of innocence. In an era of rapid legal evolution and social activism, being accused of domestic abuse is not merely a legal emergency; it is a reputational, familial, and psychological crisis.
At Rossen Law Firm, we believe in justice grounded in both legal precision and human compassion. We defend not the crime, but the constitutional rights of the accused, many of whom are good people caught in the worst moments of their lives.
SECTION I: DEFINING DOMESTIC VIOLENCE UNDER FLORIDA LAW
Florida law defines domestic violence broadly, encompassing offenses like battery, assault, stalking, kidnapping, false imprisonment, and any criminal offense resulting in physical injury or death between family or household members. What sets domestic violence apart from similar charges is not the act, but the relationship between the accused and the alleged victim.
Florida Statute §741.28 is foundational, as it defines “family or household member” expansively, including spouses, former spouses, individuals related by blood or marriage, those who cohabitate, or those who share a child, even if they’ve never lived together.
But the law’s wide net often catches unintended fish.
SECTION II: THE ACCUSATION AS A WEAPON
False or exaggerated domestic violence allegations are more common than the public realizes. In highly emotional contexts, divorce, custody battles, or financial leverage, allegations are sometimes used strategically. That’s not speculation; both empirical studies and courtroom experience support it.
Once an accusation is made, the machinery of the justice system is set in motion, including arrest, a no-contact order, removal from the home, and possible involvement by child protective services. Prosecutors, under pressure from public sentiment, frequently adopt a “charge first, investigate later” approach.
It’s why experienced domestic violence attorneys must act swiftly, not only to protect legal rights, but to contain reputational fallout.
SECTION III: WHAT HAPPENS AFTER AN ARREST
The clock starts ticking the moment you’re arrested.
- First Appearance: Within 24 hours, a judge decides the bond and conditions. This may include mandatory no-contact with the alleged victim, even if they don’t want it.
- Protective Orders: Often automatic in DV cases, these orders can separate families, remove parents from their homes, and even strip custody rights.
- Formal Charges: Contrary to public belief, the alleged victim cannot “drop the charges.” That power rests solely with the prosecution.
During this time, a domestic violence defense lawyer plays a crucial role in preserving evidence, preparing mitigation materials, and often negotiating with prosecutors to prevent the case from proceeding to trial.
SECTION IV: DEFENSE STRATEGIES THAT WORK
At Rossen Law Firm, we don’t just “handle” domestic violence cases. We defend them. Aggressively. Intelligently. And humanely.
Common strategies include:
- Self-Defense or Mutual Combat: Especially when both parties are injured, or when the accused had a reasonable fear of imminent harm.
- False Allegation Due to Divorce/Custody Issues: We expose ulterior motives through texts, emails, or inconsistencies in the accuser’s statement.
- Lack of Evidence: Many DV cases are built on the accuser’s word alone. We use our own private investigators and expert witnesses to challenge credibility.
- Pretrial Diversion or PTI: In select cases, we can resolve charges without a conviction or jail time.
With over 3,000 clients defended and hundreds of successful domestic violence defense cases, we know what it takes to build a winning case.
SECTION V: TRIAL EXPERIENCE MATTERS
Most domestic violence attorneys aim to settle. We prepare to win.
Our team includes former prosecutors who have handled thousands of cases and now utilize that experience to dismantle the prosecution’s case from the inside. We never hesitate to take cases to trial when justice demands it.
And it shows in our results.
Recent Case Results:
- Case Dismissed – Client falsely accused by ex-partner during custody dispute; no-contact order lifted, client reunited with children.
- Not Guilty at Trial – Client accused of domestic battery following mutual verbal altercation. Surveillance video + expert testimony proved innocence.
See More Case Results.
SECTION VI: THE EMOTIONAL AND FAMILY IMPACT OF DV CHARGES
Legal outcomes are only part of the picture.
- A no-contact order can make holidays devastating.
- A single arrest can cause you to lose your job.
- Being labeled an “abuser” affects your mental health and social standing, sometimes permanently.
That’s why we take a holistic approach: Our clients work with our team of attorneys, investigators, and mitigation specialists to rebuild their lives, not just their legal records.
SECTION VII: GUN RIGHTS AND DOMESTIC VIOLENCE
A DV charge—even without a conviction—can destroy your Second Amendment rights. Under federal law, anyone convicted of a misdemeanor domestic violence offense is barred from owning or possessing a firearm.
We fight hard to avoid any conviction that jeopardizes your rights. And we know how to protect your record.
SECTION VIII: WHY CHOOSING THE RIGHT LAWYER MATTERS
You don’t just need a domestic violence attorney. You need someone who believes in you.
Here’s what makes Rossen Law Firm different:
- We Win: Proven results across over 3,000 criminal cases.
- We Prepare: Each client gets a personalized strategy, investigator, and team.
- We Care: No judgment. Just solutions.
- We Educate: We help clients understand every step of their case—and every option.
- We Give Back: For every referral received, we donate a pair of shoes to In Jacob’s Shoes, a charity for which Adam Rossen serves on the board.
SECTION IX: CLOSING THOUGHTS FROM ATTORNEY ADAM ROSSEN
"I didn’t become a criminal defense attorney by accident. I’ve seen firsthand how the system can treat people like numbers. That’s why every domestic violence case matters—because behind every file is a person. And we fight like hell for that person."
If you’re facing domestic violence charges in South Florida, you’re not alone—and you’re not without options.
Call Rossen Law Firm today. Schedule a 100% confidential case evaluation and start your path to reclaiming your life.