Melbourne Domestic Violence Lawyer
Domestic violence cases in Melbourne, Florida move fast. An arrest can happen the same night as a call to 911, an injunction can be filed the next morning, and by the time most people start thinking about legal representation, there are already court dates scheduled and conditions of release in place. A Melbourne domestic violence lawyer who understands how Brevard County handles these cases from the very beginning can make a real difference in what happens next, whether you are the person accused or the person seeking protection.
The Donna Hung Law Group represents clients throughout the Melbourne area and Brevard County in domestic violence matters that range from injunction proceedings and criminal defense to situations where domestic violence is shaping the outcome of a divorce or custody case. These cases are not handled in isolation, and the firm treats them accordingly, looking at the full picture of what a client is dealing with before mapping out a legal path forward.
What makes domestic violence law particularly demanding is that it sits at the intersection of civil and criminal proceedings. A single incident can produce an emergency temporary injunction filed in civil court, a criminal charge filed by the State Attorney’s office, and contested custody or parenting plan issues all at once. Knowing how each of these proceedings interacts with the others is not optional. It is the foundation of any coherent legal strategy.
Issues That Arise in Melbourne Domestic Violence Cases
- Emergency Temporary Injunctions – Florida courts can issue a temporary injunction the same day a petition is filed, without a hearing and without notifying the respondent first. In Brevard County, these petitions are filed through the Clerk of Courts at the Moore Justice Center in Viera, and a judge reviews them within hours. The temporary order can prohibit contact, require the respondent to leave a shared home, and affect temporary custody arrangements immediately.
- Final Injunction Hearings – A final hearing is typically set within 15 days of the temporary order. At this hearing, both parties have the right to appear, present evidence, and testify. The standard of proof is preponderance of the evidence, meaning the petitioner must show it is more likely than not that domestic violence occurred or is imminent. The outcome of this hearing has lasting consequences, including restrictions that can affect housing, employment, and firearm rights.
- Criminal Charges for Domestic Battery or Assault – Florida Statute 741.28 defines domestic violence broadly. A charge of domestic battery under Florida Statute 784.03 can be a first-degree misdemeanor or a felony depending on the circumstances. Brevard County prosecutors take these charges seriously regardless of whether the alleged victim later requests a dismissal, because the State, not the alleged victim, decides whether to proceed.
- No-Contact Order Violations – Once a no-contact order is in place as a condition of bond or under an injunction, any contact, including a text message, a call from a third party acting as a go-between, or a response to a message the other party initiates, can result in a new criminal charge. These violations are often prosecuted independently of the original case.
- Impact on Parenting Plans and Time-Sharing – Florida courts consider domestic violence findings when determining time-sharing arrangements. Under Florida Statute 61.13, a court may not approve a parenting plan that puts a child at risk, and a history of domestic violence can result in restricted or supervised time-sharing. These findings from family court can also influence what happens in a separate criminal proceeding.
- Batterers’ Intervention and Diversion Programs – Brevard County offers certain defendants the opportunity to resolve charges through a pretrial diversion program that includes a batterers’ intervention program, or BIP. Successful completion can result in charges being dropped, but the eligibility criteria are narrow and program requirements are strict. Entering the wrong program, or failing to complete it, can leave a person in a worse position than before.
- False or Exaggerated Allegations in Contested Divorce – Domestic violence allegations sometimes surface during contentious separations, and courts are aware of this dynamic. A domestic violence attorney in Melbourne must be prepared to challenge claims that are not supported by evidence while handling the case in a way that does not minimize legitimate safety concerns.
Why Donna Hung Law Group Handles These Cases the Way They Do
The Donna Hung Law Group operates with a stated commitment to education, negotiation, mediation, collaboration, and litigation, depending on what a specific client actually needs. That range matters in domestic violence cases, where the right approach shifts dramatically based on whether someone is the petitioner or the respondent, whether criminal charges are pending alongside civil proceedings, and whether children are involved.
The firm’s grounding in Florida family law and its focus on Orange County and the surrounding Central Florida region means attorney Donna Hung brings a working knowledge of Florida’s domestic violence statutes and the way Florida courts evaluate these cases procedurally and substantively. The firm emphasizes constant communication and realistic guidance, which are not small things when a client is trying to understand what an emergency injunction actually restricts them from doing or when a final hearing is approaching and the stakes include where they can live and how much time they can spend with their children.
The firm’s promise of compassion alongside professionalism reflects a realistic understanding of what clients in domestic violence situations are actually going through. These cases carry real fear, real anger, and often real confusion about what is true and what is legal strategy. A Melbourne domestic violence attorney from this firm works to cut through that fog and help clients make decisions grounded in facts and Florida law rather than emotion alone.
What to Do Right Now If You Are Involved in a Domestic Violence Case in Melbourne
If a temporary injunction has been served on you, read it carefully and follow every restriction listed, even if you believe the allegations are false or exaggerated. Violations, even technical ones, are treated as new offenses by Brevard County courts and prosecutors. Do not attempt to contact the petitioner directly to work things out. Do not send messages through mutual friends or family members. Do not go to a location listed in the order. Any of these actions can result in an arrest for violation of an injunction under Florida Statute 741.31, a first-degree misdemeanor that carries its own criminal penalties.
If you are the petitioner and you believe an emergency injunction is needed, the process begins at the Clerk of Courts at the Brevard County Courthouse. In Melbourne, filings related to family law and injunctions are handled through the Brevard County Clerk of Courts, with the civil division located at the Moore Justice Center in Viera. The Clerk’s office has forms available for petitions for injunction for protection against domestic violence, and the Brevard County courthouse also has a self-help center. A judge reviews petitions quickly. If the temporary order is granted, a hearing date is set automatically.
On the criminal side, if you have been arrested and released on conditions that include a no-contact order, be aware that the conditions of your bond are enforceable separately from any civil injunction. You can face bond revocation if those conditions are violated. The Eighteenth Judicial Circuit covers Brevard County, and criminal domestic violence cases are prosecuted through the State Attorney’s Office for the Eighteenth Circuit based in Viera. Public defenders are available for those who qualify, but private representation through a domestic violence attorney in the Melbourne area allows for more immediate access and individualized strategy.
Document everything relevant that is legally permissible to document. If you are the person seeking protection, preserve any messages, voicemails, photographs of injuries, or records of prior incidents, including any prior police reports or medical records. If you are the respondent and you have evidence that contradicts the allegations, such as messages showing the incident did not occur as described, gather that before the hearing. Do not delete anything, even messages you think are unflattering, because destroying potential evidence can become its own problem.
How Domestic Violence Findings Affect Florida Family Court Proceedings
A final injunction for protection against domestic violence is not just a piece of paper. In Florida, it creates a record that follows both parties into any subsequent family law proceeding. If you are going through a divorce or dealing with a child custody dispute in Melbourne and a domestic violence injunction has been entered, that finding becomes directly relevant to the court’s time-sharing analysis.
Florida Statute 61.13(2)(c)2 requires courts to consider evidence of domestic violence in custody determinations. A parent who has been found to have committed domestic violence faces a legal presumption against being awarded sole parental responsibility or majority time-sharing unless they can rebut that presumption with clear and convincing evidence. This is a high bar, and it underscores why the outcome of an injunction hearing, which many people do not take as seriously as a criminal trial, carries real and lasting consequences for family structure.
Conversely, a respondent who successfully contests a final injunction, or has a temporary injunction dissolved after a hearing, has that outcome available as part of the factual record in any related family court matter. The way these proceedings interact with each other is one of the most important reasons to have a Melbourne domestic violence attorney who also understands Florida family law, rather than treating the criminal and civil dimensions of these cases as entirely separate problems.
Questions People Ask About Domestic Violence Cases in Melbourne
Can I drop the domestic violence charges if I am the alleged victim?
Not directly. In Florida, the decision to proceed with criminal charges rests with the State Attorney’s Office, not the alleged victim. A victim can communicate a desire not to prosecute, and prosecutors may factor that into their decision, but they are not required to drop charges at the victim’s request. This is especially true if there is independent evidence of the incident, such as 911 recordings, police body camera footage, or photographs of injuries.
How long does a final injunction hearing take after the temporary order is issued?
Florida law requires the final hearing to be set within 15 days of the temporary injunction. In Brevard County, continuances are sometimes granted if requested early and for good cause, but the court is generally reluctant to delay these hearings significantly. If you receive a temporary injunction, the window to prepare for the final hearing is short, which is why consulting with an attorney immediately is important.
Will a domestic violence injunction show up on a background check?
Final injunctions for protection against domestic violence are civil orders, not criminal convictions, but they are part of the public record in Florida. Background check services frequently include civil court records, and a final injunction may appear in those searches. Additionally, under federal law, a person subject to a qualifying domestic violence injunction is prohibited from possessing firearms.
What happens if both parties violated the terms of the injunction?
Each party is responsible for their own compliance. If the petitioner contacts the respondent, that contact does not legally excuse the respondent from having responded. Courts look at each alleged violation individually. The respondent who responds to unsolicited contact from the petitioner can still face a violation charge, even though the dynamic may seem unfair. This is a common situation that requires careful legal handling rather than a self-help approach.
Can a domestic violence injunction be modified or dismissed after it is entered?
Yes. Florida courts allow either party to petition for modification or dissolution of a final injunction. The petitioner can seek to have it dismissed if they no longer believe it is necessary, and the respondent can petition to have it dissolved if circumstances have materially changed. The court will hold a hearing, and the party seeking the change bears the burden of showing that modification or dissolution is appropriate.
Does a domestic violence charge in Melbourne affect professional licenses in Florida?
It can. Many Florida professional licensing boards, including those governing healthcare workers, educators, attorneys, real estate agents, and contractors, require disclosure of arrests and convictions. A domestic battery conviction is a criminal matter that may trigger licensing board review. Even a withheld adjudication may need to be disclosed to certain boards. If you hold a professional license, this is a factor worth discussing with your attorney early in the case.
What if the alleged domestic violence occurred between roommates or people who were dating but not married?
Florida’s domestic violence statute covers a broader category of relationships than marriage. The law applies to spouses, former spouses, people related by blood or marriage, people who currently or previously lived together as a family, and people who share a child in common. It also covers individuals who are in a dating relationship. Brevard County law enforcement and courts apply these definitions consistently, so the lack of a marriage certificate does not remove the case from the domestic violence framework.
How does Melbourne law enforcement typically handle domestic violence calls?
Melbourne Police Department and the Brevard County Sheriff’s Office both operate under Florida’s mandatory arrest policy for domestic violence. Under Florida Statute 741.29, if law enforcement has probable cause to believe an act of domestic violence has occurred, they must make an arrest. Officers are not permitted to simply separate the parties and leave. This means the decision of whether to arrest is not negotiable once they respond to the call, and it often happens quickly, sometimes before a full picture of the situation is clear.
If I was the one who called 911 but my partner was also violent, can I be arrested too?
Yes. Florida law permits dual arrest in domestic violence situations where officers determine that both parties committed acts of domestic violence. In practice, dual arrests are not common, but they do occur, particularly when both parties have visible injuries or when each claims the other was the aggressor. In these situations, sorting out what actually happened and how to characterize each person’s role becomes the core legal challenge.
Is mediation an option for resolving a domestic violence injunction case?
Mediation is generally not used to resolve the underlying protective injunction, because domestic violence cases are treated as matters of safety rather than civil disputes to be negotiated. However, in situations where a domestic violence case overlaps with a divorce or custody proceeding, mediation may still be used for the family law components, with the court taking appropriate precautions to ensure the process is safe for both parties.
Representing Clients Across Melbourne and the Surrounding Brevard County Area
The Donna Hung Law Group represents clients dealing with domestic violence matters across Melbourne and the broader Brevard County region. This includes residents of Melbourne Beach, Indialantic, Indian Harbour Beach, and Palm Bay to the south, as well as clients in West Melbourne and the communities that sit along U.S. 192 and Wickham Road. The firm also serves individuals in Satellite Beach, Cocoa, Cocoa Beach, Rockledge, and Titusville, as well as in the planned communities near Viera and Suntree, where many families navigating family court matters are located given the proximity to the Moore Justice Center. Clients from the Eau Gallie area, Grant-Valkaria, and the barrier island communities along A1A are also served. Whether your case is being heard in the Brevard County circuit courts or involves a Melbourne Police Department incident, the firm’s representation extends throughout this portion of the Space Coast.
Speak with a Melbourne Domestic Violence Attorney About Your Situation
Domestic violence cases do not wait for convenient moments, and the legal consequences of decisions made in the first hours and days can follow someone for years. A Melbourne domestic violence attorney from the Donna Hung Law Group can provide direct, honest guidance about what you are facing, what your options are, and what a realistic path forward looks like given the specifics of your case. The firm handles these matters with the seriousness they require while keeping clients informed at every stage. Call for a confidential consultation to discuss your situation and get clear answers about what to do next.
