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Falsely Accused of Domestic Violence in Florida?
Domestic violence arrest can happen fast. Fixing the damage takes work.
Florida law does not require a visible injury before someone is arrested for domestic violence. It does not require an independent witness. It does not require the alleged victim to want charges filed. If an officer believes there is probable cause, the case can begin before the full story is known.
That is why false, exaggerated, and strategically timed allegations are so dangerous. One phone call can remove someone from their home, separate them from their children, trigger a no-contact order, restrict firearm possession, and create a criminal case that follows them for years.
Mitkevicius Law defends people accused of domestic violence in Escambia, Santa Rosa, Okaloosa, and Walton Counties. We do not start from the assumption that the police report got it right. We start from the evidence, the timeline, the motive, and the burden of proof. The State has to prove the case. Our job is to make them do it.
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False and exaggerated domestic violence allegations usually have a reason
A false allegation is rarely random. In our experience, it usually appears in one of four situations.
Divorce or custody leverage
A domestic violence arrest can immediately change the leverage in a divorce or parenting dispute. A no-contact order, residence exclusion, and firearms restriction can happen before a family court has heard meaningful evidence. That does not mean every allegation in a divorce is false. It does mean the timing, motive, and surrounding communications matter.
Removal from a shared home
Sometimes a criminal allegation is used to accomplish what a landlord-tenant or civil process would not accomplish quickly: getting someone out of the house. If the parties live together, the accused person is often ordered not to return home while the case is pending.
Retaliation after a breakup or conflict
Breakups, infidelity, financial disputes, employment problems, and family pressure can all lead to reports that leave out context or turn a mutual argument into a one-sided criminal accusation.
Mutual altercations reported as one-sided assaults
Florida law tells officers to identify the primary aggressor and discourages dual arrests. In the real world, officers often make fast decisions at chaotic scenes. The bigger person, the louder person, the person still at the scene, or the person with prior law enforcement contact may be arrested even when the physical evidence points the other way.
OUR AWARDS AND AFFILIATIONS
What to do immediately if you are falsely accused
Do not contact the accuser
This is not negotiable. If a judge entered a no-contact order, the protected person cannot waive it. A reply to a text message, a call to "clear things up," a social media reaction, or a message through a friend can become a new criminal allegation.
Do not post about the case
Do not explain yourself on Facebook. Do not post screenshots. Do not threaten to expose anyone. Do not comment on the accuser, the police, the judge, or the prosecutor. Screenshots become exhibits.
Preserve evidence before it disappears
Save text messages, call logs, voicemails, emails, photos, location data, Ring footage, surveillance video, social media messages, and witness contact information. Do not edit anything. Do not delete anything. Preserve it and get it to your lawyer.
Do not talk to law enforcement without counsel
Innocent people often think they can talk their way out of a false accusation. That is usually a mistake. Even a true statement can be misunderstood, shortened, or used against you later. You are not required to help the State build its case.
How Mitkevicius Law defends false domestic violence cases
We prepare domestic violence cases as trial cases from the beginning. That does not mean every case should go to trial. It means every decision is made from a position of preparation, not fear.
Our defense work may include:
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Obtaining and reviewing 911 calls, body-camera footage, jail calls, photographs, and officer reports.
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Mapping the timeline against texts, calls, GPS data, receipts, doorbell footage, and witness statements.
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Taking depositions where permitted and using inconsistent statements to challenge credibility.
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Investigating motive, including divorce, custody, immigration, financial, and housing disputes.
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Challenging whether the State can prove intent, identity, injury, or the domestic relationship element.
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Raising self-defense, defense of others, defense of property, or Stand Your Ground when supported by the facts.
We are a flat-fee firm, and our fee includes trial. That matters. A defense lawyer's fee structure should never pressure a client into a bad plea. If the State's offer is not fair and the evidence does not support the charge, we are built to fight.
If you were falsely accused of domestic violence in Pensacola, Milton, Crestview, Fort Walton Beach, Niceville, DeFuniak Springs, or anywhere in Florida's First Judicial Circuit, call Mitkevicius Law before you make your next move.
"I can honestly say Mr. Josef and his staff are amazing and took great care of me.
They are really great people and they really care about your case. I went to court today and 7 hours later I got a phone call and email saying all of my charges were dropped and I had serious charges against with years hanging over my head. Mr. Josef and your staff, my family and myself thank you very very much. We love you all and thank you all again so so much. I will refer everyone that needs a good lawyer to you guys and ladies of your law firm. God bless you all."
Bryan York
Frequently Asked Questions
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What should I do if I have been falsely accused of domestic violence in Florida? Do not contact the accuser, do not post about the case, and do not give a statement to law enforcement without a criminal defense lawyer. Preserve texts, photos, videos, call logs, location data, and witness information. The first few days can determine whether the defense has the evidence needed to expose the false allegation.
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Can police arrest someone for domestic violence without visible injuries? Yes. Police can make an arrest if they believe there is probable cause that a domestic violence offense occurred. Visible injury helps the State, but it is not required for an arrest or charge.
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Will the State drop the case if the accuser admits they lied? Not automatically. The State Attorney's Office controls the criminal charge. A recantation matters, but prosecutors often continue domestic violence cases even when the alleged victim no longer wants prosecution.
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What evidence helps disprove a false domestic violence allegation? Helpful evidence can include text messages, call logs, voicemails, emails, photos, doorbell footage, surveillance video, GPS data, medical records, witness statements, and inconsistencies between the 911 call, police statement, deposition, and later testimony.
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Can a domestic violence allegation affect custody or divorce? Yes. A domestic violence arrest or no-contact order can affect parenting time, residence, firearms, and leverage in a family case. The criminal defense and family-law strategy need to be coordinated carefully.
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Should I explain my side to the police if I am innocent? Not without counsel. Innocent people can make damaging statements. Talk to a criminal defense lawyer first, preserve the evidence, and let your lawyer decide when and how your side should be presented.
Reviewed by Josef Mitkevicius, Florida Bar #0102376. Mitkevicius Law PLLC represents clients accused of domestic violence in Escambia, Santa Rosa, Okaloosa, and Walton Counties — including Pensacola, Milton, Crestview, Fort Walton Beach, Niceville, and DeFuniak Springs.
We Don’t Shy Away from a Fight
CALL MITKEVICIUS LAW TODAY
We aim to get you the best deal or dismiss your charges entirely. And if we have to go to court, we’ll be prepared to fight for you. No matter what you’re facing, rest easy knowing that Mitkevicius Law, PLLC is by your side. Attorney Josef Mitkevicius has a reputation for being honest with his clients and fearless in the courtroom. He’ll explain all your options and do whatever it takes so you see the best possible outcome.