Domestic Violence Lawyer in Delray Beach

Family Law Attorneys Protecting Victims & the Accused in Palm Beach County Since 2006

When domestic violence touches a family law matter, the stakes go beyond the immediate crisis. Custody arrangements, support orders, and living situations can all shift in a matter of days. Whether you’re seeking protection or facing accusations, our Delray Beach domestic violence lawyers are here to defend your rights and guide you through every step that follows.

We represent both individuals seeking protection and those facing domestic violence allegations. Because our practice is exclusively family law, your case connects directly to any custody, support, or related proceedings that arise. These matters are handled by the same attorneys from start to finish. Beaulieu-Fawcett | Newell Law Group, P.A. has served families in Delray Beach and throughout Palm Beach County since 2006.

If you or your children are at risk, don’t wait. Contact us online or call (561) 600-5711 to speak with our Delray Beach domestic violence attorneys today.

What Qualifies as Domestic Violence Under Florida Law

Florida law covers a broad range of conduct and relationships. Under Florida Statute 741.28, domestic violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, and any criminal offense resulting in physical injury or death of one family or household member by another. Physical harm, threats of harm, and stalking are among the most commonly charged acts, and Florida courts also recognize emotional and psychological abuse in many contexts.

Covered relationships extend well beyond marriage. Spouses and former spouses qualify, as do persons related by blood or marriage, individuals who currently or formerly lived together as a family, and persons who share a child in common, regardless of marital history. You don’t need to have been married to the alleged abuser for the conduct to qualify under Florida law.

Courts in Palm Beach County respond quickly to domestic violence allegations. If you’re accused, you may face arrest, removal from your home, and emergency protective orders that affect parenting rights before you’ve had a chance to respond. That urgency makes early legal guidance critical.

How the Domestic Violence Legal Process Works in Delray Beach

After a domestic violence arrest in Palm Beach County, a no-bond policy applies until after the first-appearance hearing. From there, police refer the case to the State Attorney’s Office, which decides whether to file formal charges. Florida operates under a no-drop prosecution policy: the State Attorney controls whether charges proceed and may pursue a case even when the alleged victim wishes to withdraw the complaint. If prosecutors move forward, Palm Beach County courts schedule hearings for both parties.

Delray Beach cases are heard at the South County Courthouse, part of the Fifteenth Judicial Circuit of Florida. Every stage carries specific deadlines, and missing one can have serious consequences. Our attorneys know these courts and their procedures, and we guide clients through each step, from the first hearing through any downstream family law matters that follow.

Frequently Asked Questions

Can I Get a Domestic Violence Injunction Even If the Police Don’t Press Charges?

Yes. You can petition for an injunction for protection against domestic violence in Palm Beach County independently of any criminal charge or police decision. The court reviews your petition on its own merits.

Do I Have to Appear in Person for a Protective Order Hearing?

Palm Beach County courts generally require in-person appearance, though you may request a remote appearance under special circumstances. Confirm current procedures with the South County Courthouse before your hearing date.

Could a Domestic Violence Case Affect Child Custody?

Yes. Florida courts consider allegations and findings of domestic violence when determining parenting plans and timesharing arrangements. The child’s safety and well-being are the primary focus, and even an allegation, before any conviction, can affect a judge’s interim orders.

Legal Consequences of a Domestic Violence Charge in Florida

Florida treats domestic violence charges seriously, and the consequences can extend far beyond the courtroom. Under Florida Statute 741.283, a mandatory minimum jail sentence applies to any domestic violence conviction where the defendant intentionally caused bodily harm: five days for a first offense. Palm Beach County judges have limited discretion to reduce these minimums. Courts also typically require convicted defendants to complete a 26-week Batterers’ Intervention Program at their own expense.

Misdemeanor Penalties

For first-time or less severe offenses, domestic violence may be charged as a misdemeanor. Penalties may include:

• Fines: Up to $1,000.
• Jail time: Up to one year in county jail.
• Probation: Up to one year, which may include mandatory counseling or community service.
• Intervention program: The court may require completion of a domestic violence intervention program.

Felony Penalties

If the incident involves serious bodily injury, a weapon, or prior convictions, charges may rise to a felony. Penalties may include:

• Fines: Up to $15,000, depending on the offense.
• Prison time: From one year to several years in state prison, depending on severity.
• Extended probation: Felony convictions often carry stricter probation conditions and longer terms.

Impact on Firearm Rights

A domestic violence conviction, even a misdemeanor, triggers a federal lifetime prohibition on owning or possessing firearms. This consequence can be career-ending for anyone whose job requires carrying a weapon. Palm Beach County law enforcement notifies defendants of these restrictions upon conviction, and courts in Delray Beach enforce them strictly.

Restraining Orders

Victims may ask the court to issue a restraining order against the accused. Violating a protective order can bring additional charges and can significantly complicate an already difficult case. Palm Beach County courts handle a large volume of restraining order petitions each year, and judges may add conditions covering child safety and residence restrictions. Working with a local attorney can help you track your obligations and avoid unintentional violations.

Long-Term Consequences

A domestic violence conviction can reshape your life well beyond any sentence served:

• Employment: Employers run background checks, and a conviction can close doors to jobs you’d otherwise qualify for.
• Child custody: Allegations of domestic violence can affect custody outcomes, with courts prioritizing children’s safety above all else.
• Housing: Local housing authorities in Delray Beach may review criminal records carefully, and a domestic violence charge can limit your leasing options throughout the area.

Under Florida Statute 943.059, a domestic violence conviction cannot be sealed or expunged, even when adjudication was withheld. That permanence makes the stakes of any domestic violence charge in Palm Beach County exceptionally high.

Temporary Protective Orders in Florida

Florida courts may issue four types of injunctions for protection: against domestic violence, against repeat violence, against dating violence, and against sexual violence. A dating violence injunction covers individuals in a current or former romantic or intimate relationship, even if they never shared a residence.

If a petition demonstrates immediate danger, the court may issue a temporary protective order on the day it’s filed. That order may provide several forms of relief, including:

• Prohibiting the respondent from committing further acts of violence
• Stopping contact, harassment, or interference by the respondent
• Granting the petitioner exclusive access to the family residence
• Requiring the respondent to provide alternate housing for the petitioner and children
• Awarding temporary custody of children to the petitioner
• Awarding temporary financial support

Delray Beach residents file for temporary protective orders at the South County Courthouse. Under Florida Statute 741.30, a temporary protective order is effective for up to 15 days. After that, a full hearing is scheduled to determine whether the order should be continued or modified. Courts weigh factors including relationship history, prior criminal history of the alleged abuser, and evidence of weapons use. Our attorneys prepare petitions and supporting documentation to give your request a strong foundation.

What to Do If You’re Accused of Domestic Violence in Florida

False or exaggerated domestic violence allegations sometimes surface during divorce proceedings as a tactical move. When they do, the consequences can be swift: removal from your home, loss of access to your children, and criminal charges, all before you’ve had a chance to respond. Our Delray Beach domestic violence attorneys handle these cases and are ready to protect your rights.

Steps that can make a real difference:

• Don’t contact the accuser: Avoid all communication with the person making allegations, especially if a restraining order is in place.
• Document everything: Keep a detailed record of your interactions with law enforcement, witnesses, and the accuser. This documentation supports a strong defense.
• Get legal representation immediately: Palm Beach County courts enforce strict deadlines for responses and hearing appearances. Prompt action matters.
• Challenge the evidence: Work with your attorney to identify gaps, inconsistencies, or insufficient evidence in the prosecution’s case.
• Consider a counterclaim: If the accusations are false, discuss with your attorney whether a defamation counterclaim is appropriate.
• Prepare for every outcome: Understand your options, from plea agreements to trial, so you can make informed decisions at each stage.

Acting quickly can give you a better chance of protecting your future from arrest through final resolution.

Community Resources & Support Services in Delray Beach

Local support can make a meaningful difference when domestic violence enters your life. Aid to Victims of Domestic Abuse (AVDA) in Palm Beach County operates a 24-hour confidential hotline and provides safe shelter and outreach services. The Legal Aid Society of Palm Beach County’s Domestic Violence Project offers free attorney representation in injunction hearings covering domestic violence, dating violence, sexual violence, repeat violence, and stalking. Delray Beach police connect victims with victim advocates who assist with safety planning and crisis support.

Counseling, children’s programming, multilingual assistance, and support groups are available throughout the area. When you work with an attorney who understands these local resources and court programs, you gain access to options you might not find on your own.

Why Delray Beach Families Trust Beaulieu-Fawcett | Newell Law Group, P.A.

Our team is dedicated to protecting the families and children of Palm Beach County, Florida, and we act in their best interests. Because we practice exclusively family law, a domestic violence case never exists in isolation for our clients. We handle the protective order, the custody hearing, and the support dispute with the same continuity and depth.

When you choose Beaulieu-Fawcett | Newell Law Group, P.A., you work with attorneys who have nearly two decades of experience in Delray Beach and Palm Beach County courts. Our firm holds an AV Preeminent Rating from Martindale-Hubbell, was named a Law Firm 500 Honoree, earned recognition as one of “10 Best Law Firms in Florida for Client Satisfaction” by the American Institute of Family Law Attorneys in 2017, was awarded “Best Divorce Lawyers” by Expertise.com in 2021 and 2022, and was recognized among the Boca Raton Observer’s Top Lawyers in 2025. Attorney Beaulieu-Fawcett was selected to Super Lawyers’ “Rising Stars” list in 2009 and 2012 through 2016. Our Certified Financial Litigator designation through the American Academy for Certified Financial Litigators means that when domestic violence cases involve financial support issues, the same attorneys guiding your protective order can address those matters without missing a beat.

If you need immediate protection or steady guidance through the family court system, we’re ready to help. Contact us online or call (561) 600-5711 to speak with our Delray Beach domestic violence attorneys today.