Domestic Violence Attorney in West Palm Beach | Scott Skier – Palm Beach County Defense Lawyer

Florida’s Domestic Violence Laws: What You’re Up Against

Under Florida Statutes Section 741.28, domestic violence includes any assault, battery, sexual assault, stalking, kidnapping, or false imprisonment committed by one family or household member against another.

In Palm Beach County, common charges include:

• Domestic battery (first-degree misdemeanor)
• Aggravated domestic battery (third-degree felony)
• Domestic violence by strangulation (third-degree felony)
• Violation of a domestic violence injunction (varies by context)
• Aggravated assault with a deadly weapon during a domestic incident

These charges carry significant penalties, even for a first-time offender.

These charges carry significant penalties, even for a first-time offender. -What Happens After a Domestic Violence Arrest in West Palm Beach?

Most domestic violence arrests in Palm Beach County follow this process:

1. Arrest & Jail Booking: Typically occurs on-scene, often without the victim pressing charges.
2. No Bond Hold: You will remain in custody until your first appearance hearing, usually within 24 hours.
3. No-Contact Order Issued: Judges almost always issue a no-contact order, preventing communication with the alleged victim.
4. Formal Charges: The State Attorney—not the alleged victim—decides whether to file or drop the case.
5. Arraignment, Discovery & Trial Preparation: You need a defense attorney immediately to begin protecting your rights and building your defense.

Scott Skier appears regularly before Palm Beach County judges and understands how local prosecutors operate in domestic violence cases.

Potential Penalties for Domestic Violence Convictions in Palm Beach County

• Misdemeanor Domestic Battery: Up to 1 year in jail, 12 months of probation, $1,000 fine, mandatory batterers’ intervention program
• Felony Domestic Violence (with injury or weapon): Up to 5 years in state prison
• Firearm Restrictions: Conviction—even as a misdemeanor—means permanent loss of gun rights
• Injunctions/Restraining Orders: May be imposed even without a conviction
• Impact on Employment & Custody: Convictions can impact jobs, licensing, and parental rights

These penalties escalate quickly if there’s a prior offense or injury involved.

These penalties escalate quickly if there’s a prior offense or injury involved. -Can Florida Domestic Violence Charges Be Dropped?

Not automatically. Once police make an arrest, only the State Attorney’s Office can decide to pursue or dismiss the case. Even if the alleged victim wants to “drop the charges,” prosecutors may continue if they believe they can prove the case using body cam footage, witness testimony, or 911 recordings.

However, Scott Skier has successfully had dozens of domestic violence charges in Florida dismissed early by:

• Presenting contradictory or exculpatory evidence to prosecutors
• Discrediting key elements of the arrest report
• Preparing the alleged victim for formal retraction under oath (when applicable)
• Identifying Fourth Amendment violations in police procedure

Common Legal Defenses to Florida Domestic Violence Charges

• Self-defense or defense of others
• Mutual combat (both parties engaged in aggression)
• False accusations during divorce or custody disputes
• Lack of evidence or unreliable witnesses
• Violation of Miranda rights or improper arrest procedures

Scott Skier crafts each defense based on the unique facts of your case—not a cookie-cutter formula.