A domestic violence charge can feel like the ground has disappeared beneath your feet. One moment, life feels normal. The next, you are facing serious criminal consequences that could affect your job, your family, and your future.
Many people make costly mistakes in the hours and days after an arrest. Unfortunately, those mistakes often make a difficult situation far worse. Therefore, knowing what to avoid is just as important as knowing what to do.
At Jonathan Jay Kirschner, Esq., & Associates, LLC, our team of experienced criminal defense lawyers serves clients across Port St. Lucie, Fort Pierce, Stuart, and the surrounding St. Lucie County communities. We want you to understand your rights — starting right now.
Why the Period After an Arrest Is So Critical
The moments after a domestic violence arrest are among the most important of your case. Prosecutors and law enforcement begin building their case immediately. Because of this, anything you say or do can be used against you.
Florida takes domestic violence charges very seriously. Even a first-time charge can carry jail time, mandatory counseling, and a permanent criminal record. Moreover, the consequences can ripple into child custody, housing, and employment.
That is why acting carefully — and getting experienced legal help quickly — matters so much.
Mistake #1: Talking to Police Without a Lawyer
This is one of the most common and damaging mistakes people make. After an arrest, many people feel the urge to explain themselves. However, anything you say to law enforcement can be used against you in court.
You have the right to remain silent. Use it. Politely tell officers that you would like to speak with an attorney before answering any questions.
What You Should Do Instead
Stay calm and cooperative with the arrest process. Additionally, do not volunteer information, make statements, or try to explain what happened. Contact a criminal defense attorney as soon as possible.
Our team at JKJ is available 24 hours a day, seven days a week. You should never have to navigate this alone, no matter what time it is.
Mistake #2: Violating a No-Contact Order
In most domestic violence cases in Florida, a judge will issue a no-contact order. This order prohibits you from contacting the alleged victim — by phone, text, email, or in person. Many people violate this order without realizing the full consequences.
Violating a no-contact order is a separate criminal offense. As a result, it can lead to additional charges on top of the original domestic violence charge. Even if the alleged victim reaches out to you first, you must not respond.
Injunctions and No-Contact Orders: Know the Difference
A no-contact order is issued automatically as a condition of bond. An injunction, on the other hand, is a civil court order that can follow separately. Both carry serious legal weight in St. Lucie County courts.
If you have questions about what a specific order allows, talk with a legal expert before taking any action. Do not guess or assume.
Mistake #3: Posting on Social Media
Social media posts can — and do — show up in criminal court proceedings. Many people in Port St. Lucie and Fort Pierce make the mistake of venting online after an arrest. Furthermore, they sometimes post photos or comments that prosecutors use to build a narrative against them.
After a domestic violence charge, stay off social media entirely. Do not post about the incident, the alleged victim, or your case. In addition, ask friends and family to avoid posting on your behalf.
Private Messages Are Not Private in Court
Many people assume that private messages are safe. However, courts can subpoena text messages, direct messages, and emails. Therefore, it is best to avoid all electronic communication about your case outside of conversations with your attorney.
Mistake #4: Skipping Court Dates or Ignoring Legal Deadlines
Missing a court date in St. Lucie County can result in a bench warrant for your arrest. Additionally, it can hurt your credibility with the judge. Courts in Port St. Lucie and Fort Pierce do not look favorably on defendants who fail to appear.
Write down every court date. Set reminders. Show up on time and dressed professionally. Your presence and conduct in court send a message to the judge and prosecutor.
Work Closely With Your Defense Attorney
Your attorney will help you track deadlines for filing motions, responding to evidence, or entering a plea. Moreover, missing these windows can eliminate important legal options. Stay in regular contact with your legal team throughout the process.
At Jonathan Jay Kirschner, Esq., & Associates, our attorneys carefully monitor all case deadlines. We work hard to make sure nothing falls through the cracks on your behalf.
Mistake #5: Assuming the Alleged Victim Can Drop the Charges
This is a widespread misconception. In Florida, the alleged victim does not control whether charges are filed or dropped. That decision belongs entirely to the state prosecutor. Because of this, many defendants wait passively — believing the case will go away on its own.
Even if the alleged victim refuses to cooperate with prosecutors, the state may still move forward. They may use police reports, 911 recordings, photographs, and witness statements to build their case. Therefore, you should never assume the charges will disappear without a fight.
Mistake #6: Failing to Document Your Own Evidence
Your defense matters too. Many defendants forget that they have the right to gather evidence in support of their case. For example, relevant text messages, voicemails, photos, or witness accounts can be powerful tools for your defense team.
Preserve any evidence that tells your side of the story. However, do not tamper with or delete anything — that can create additional legal problems. Instead, share everything with your attorney and let them guide the process.
Why Early Evidence Collection Matters
Evidence can disappear quickly. Security footage gets overwritten. Witnesses move or forget details. Therefore, the sooner you begin working with a defense attorney, the better your chances of preserving important evidence.
Our Fort Pierce legal team works with investigators and experts to build strong, fact-based defenses for our clients across St. Lucie and Martin counties.
Mistake #7: Trying to Handle the Case Alone
Some people believe they can represent themselves or that a public defender will be enough. While public defenders are hardworking professionals, they often carry very heavy caseloads. As a result, they may have limited time to dedicate to your specific case.
A private criminal defense attorney brings focused attention, resources, and courtroom strategy tailored to your situation. Furthermore, an attorney with local experience — one who knows the judges, prosecutors, and procedures in St. Lucie County — can make a meaningful difference in your outcome.
Jonathan Jay Kirschner, Esq. has more than 30 years of experience defending clients against criminal charges, including domestic violence cases throughout the Fort Pierce and Port St. Lucie area. Contact JKJ today to discuss your case and explore your options with a skilled legal team.
Frequently Asked Questions About Domestic Violence Charges in Port St. Lucie
Can a domestic violence charge be expunged from my record in Florida?
In many cases, a domestic violence conviction cannot be expunged or sealed in Florida. However, if charges are dropped or you are acquitted, expungement may be possible. Talk with a legal expert about your specific situation.
What if I was falsely accused of domestic violence?
False accusations do happen. Additionally, they can still result in arrest and serious charges. Do not confront the accuser. Instead, contact an experienced criminal defense attorney right away to begin building your defense.
Will a domestic violence charge affect my child custody case?
Yes, it can. Florida family courts consider domestic violence charges when making custody decisions. Therefore, how you handle your criminal case can directly impact your parental rights. Your attorney can help you navigate both proceedings carefully.
What is the difference between a misdemeanor and felony domestic violence charge?
In Florida, domestic violence can be charged as a misdemeanor or a felony depending on the severity of the alleged offense, prior convictions, and other factors. Felony charges carry significantly harsher penalties. Either way, strong legal representation is essential.
How soon should I contact a defense attorney after a domestic violence arrest?
As soon as possible — ideally within hours of your arrest. Early legal intervention can help protect your rights, preserve evidence, and prevent you from making critical mistakes that could hurt your case later.
Protect Your Future — Talk to a Fort Pierce Criminal Defense Attorney Today
A domestic violence charge does not have to define the rest of your life. However, the choices you make in the days following your arrest will shape the direction of your case significantly.
At Jonathan Jay Kirschner, Esq., & Associates, LLC, we provide skilled, compassionate, and aggressive criminal defense representation for clients throughout Port St. Lucie, Fort Pierce, Stuart, Vero Beach, and all of St. Lucie County. We are available 24/7 and ready to fight for your rights and your freedom.
Do not wait. Contact the JKJ Team today to schedule a consultation and take the first step toward protecting your future.
