Thomas C. Grajek | May 27, 2025 | Domestic Violence
Domestic violence charges in Florida carry serious consequences. A conviction can lead to jail time, fines, and a protective order against you. It can also have collateral consequences on your personal relationships, custody rights, employment opportunities, and gun ownership rights.
Prosecutors take these cases extremely seriously and often assume the accused is guilty. If you’ve been reported for domestic violence, speaking to law enforcement or the prosecutor without an attorney present is inadvisable.
Prosecutors are not on your side. They may use your words, actions, or even silence to support their case against you. Some might even use aggressive tactics to secure a conviction. Some of the most common prosecution tactics in domestic violence cases are discussed below.
Recording Jail Calls and Visits
Prosecutors often review jail calls for statements that can be used against you in court. Even casual conversations with friends or family can be taken out of context to make you look guilty.
If you are arrested for domestic violence and held in jail, nearly every one of your phone calls and visits will be recorded and monitored. The only exception is communication with your criminal defense attorney, which is protected by attorney-client privilege and confidentiality rules.
While speaking on the phone or during visits, you should never discuss the facts of your case or attempt to justify your actions to anyone. Additionally, you should avoid contacting the alleged victim or any witnesses from jail. Such contact may be viewed as intimidation or harassment.
Withholding Exculpatory Evidence
Thanks to an evidentiary requirement known as the Brady rule, Florida prosecutors are legally required to turn over any evidence that may support your innocence. However, some prosecutors may delay or fail to disclose favorable evidence in order to undermine your defense.
An experienced domestic violence defense attorney will review all discovery materials closely. If they suspect the prosecution is withholding information, they can file motions to compel the release of evidence.
Challenging Your Credibility
Prosecutors often challenge the defendant’s credibility, especially if they take the witness stand in their case.
If you choose to testify in your own defense, the prosecution may suggest you’re only saying what’s necessary to escape punishment. They might also attempt to provoke an emotional response to imply that you’re angry or short-tempered.
This tactic is designed to sway the judge or jury into believing you’re capable of domestic violence. A skilled defense lawyer can help prepare you for cross-examination and ensure your testimony is clear and composed.
Overcharging to Pressure a Plea Deal
Florida prosecutors may initiate multiple charges or even charge a defendant with a felony to pressure them into accepting a plea deal to a lesser offense. This strategy is often meant to make the stakes feel higher so you’ll be incentivized to enter a plea agreement rather than risk conviction at trial.
Using Protective Orders to Prevent Communication
Prosecutors may obtain protective orders that bar you from contacting the alleged victim. On their face, these orders are meant to protect against abuse.
However, they can also serve as a tool to prevent reconciliation with the accuser, who may not want to press charges. Even if the parties want to work through their issues, a protective order makes speaking to them illegal, even through third parties.
Violating a protective order, even unintentionally, can result in immediate arrest and additional charges.
Contact a Criminal Defense Attorney to Protect Yourself from These Tactics
Domestic violence charges can carry long-term consequences, including a permanent criminal record, child custody issues, and restrictions on where you can live or work. The best way to protect yourself from aggressive prosecution tactics in such cases is to contact an experienced Lakeland domestic violence defense lawyer.
An experienced attorney understands how prosecutors operate and will defend you from unfair tactics. Additionally, they can move to suppress unlawfully obtained evidence and protect your rights to a fair proceeding.
If you’ve been accused of domestic violence in Florida, contact a criminal defense lawyer immediately for help.
Visit our convenient location:
Thomas C. Grajek, Attorney At Law
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606