Palm Beach County Domestic Violence Attorney Client Testimonial

The Law Office of Roger P. Foley, P.A. provides skilled defense for all criminal cases in Palm Beach County and throughout the state of Florida. Domestic violence allegations carry serious consequences. A single accusation can result in arrest, a no-contact order, loss of access to your children or home, and long-term impacts on your reputation and career. Understanding the law and knowing your rights is critical, and early intervention by an experienced attorney can make a significant difference.

Roger P. Foley has spent years defending clients across Florida against domestic violence charges. He personally handles every case he accepts, providing detailed attention, strategic advocacy, and courtroom experience. Clients know that when they hire this firm, they are hiring the attorney they meet—someone who will guide them through every stage of the process.

Reviews on Google, Avvo, and other platforms consistently highlight our firm’s reputation for excellence and client-focused service. Hiring this firm means getting a highly respected attorney whose knowledge, preparation, and courtroom presence are recognized statewide.

There is never a guarantee as to future results. Every case is unique, and outcomes cannot be predicted.

Florida law defines domestic violence broadly. It includes criminal offenses resulting in physical injury or death committed by one family or household member against another, as well as threats or actions that place someone in fear of imminent harm.

Key statutes include:

• Florida Statute 741.28: Domestic violence injunctions and protections
• Florida Statute 784.03: Battery
• Florida Statute 784.041: Felony battery and battery by strangulation
• Florida Statute 784.041(2): Battery on a pregnant woman

Understanding these statutes helps clients see how charges are classified, what penalties may apply, and what defenses may exist.

Domestic violence battery occurs when someone intentionally touches or strikes a family or household member against their will, or intentionally causes bodily harm. Even minor allegations of touching can result in an arrest. Police frequently make an arrest regardless of whether the alleged victim wants to prosecute.

To secure a conviction under F.S. 784.03, the State must prove beyond a reasonable doubt that the defendant intentionally touched or struck the victim against their will or intentionally caused bodily harm. If the State seeks elevated punishment due to a prior battery conviction, it must also prove that the prior conviction occurred.

Defense attorneys evaluate:

• Whether physical contact occurred
• Whether injuries are visible or consistent with the alleged events
• Conflicting statements or witness accounts
• Alcohol or drug involvement that may have influenced the situation

Early intervention and detailed review of evidence can make the difference between dismissal and a felony conviction.

Strangulation is considered a serious felony in Florida under F.S. 784.041(1)(a). It is treated with severity because it poses a high risk of serious injury or death. Charges can arise even if the victim was not rendered unconscious.

To convict for domestic battery by strangulation, the State must prove that:

• The defendant knowingly and intentionally impeded the victim’s normal breathing or blood circulation
• Pressure was applied to the throat, neck, nose, or mouth
• The victim was a family or household member or dating partner

Defense strategies often involve reviewing medical evidence, statements, witness accounts, and law enforcement procedures to ensure the State has met its burden.

Battery on a pregnant woman is a felony in Florida when the accused knew or should have known the woman was pregnant (F.S. 784.041(2)). Even minor contact can result in serious consequences.

To convict, the State must prove:

• The defendant intentionally touched or struck (or caused bodily harm to) the victim
• The victim was pregnant at the time
• The defendant knew or should have known of the pregnancy

Defense often involves examining medical records, witness statements, and context surrounding the alleged incident to determine whether these elements are satisfied.

A violation of a domestic violence injunction can occur through contact, communication, or proximity. Even accidental encounters may result in arrest if the conditions of the order are not fully understood. Each injunction is unique, and legal counsel is essential to navigate potential violations.

The State must show that the defendant knowingly violated specific provisions of the injunction. This could include contacting the protected person, approaching them, or violating stay-away terms. Because every injunction differs, the exact elements depend on the order’s language.

Palm Beach County prosecutors take domestic violence seriously. While there is no strict “no-drop” policy, the State decides whether to move forward based on evidence, credibility, and risk assessment. Skilled defense early in the process may influence decisions on filing, reduction of charges, or dismissal.

Domestic violence cases progress quickly. An experienced attorney knows how to:

• Challenge probable cause
• Review police reports, body-cam footage, and witness statements
• Identify inconsistencies or procedural errors
• Strategically advocate from the first hearing through trial

Roger P. Foley provides direct, personal representation on every case. He is respected in the courtroom for clear reasoning, thorough preparation, and professional advocacy. Judges recognize his approach, even without prior exposure to his work.

Some firms rely on attorneys with limited experience in domestic violence cases or who primarily handle other areas of law. These attorneys may lack courtroom experience or the time to focus on your specific case. At this firm, every case is handled personally by Roger P. Foley. You know who will represent you, and you get the benefit of his decades of experience.

Roger P. Foley immediately commands respect in a courtroom. His reasoning is sharp, his preparation is meticulous, and judges recognize that from the moment he begins arguing a case. Even judges who have never met him can quickly see that he understands the law, the evidence, and the strategy required to protect his client.

A strong defense is customized to each case. Strategies may include:

• Challenging the legality of the arrest
• Gathering independent witness statements
• Seeking early dismissal or reduced charges
• Preparing for a jury trial if necessary

Evidence must be analyzed with precision, including text messages, medical records, 911 calls, and other digital or physical evidence. No two domestic violence cases are identical.

Domestic violence includes any assault, battery, stalking, sexual assault, or threat of harm between family or household members, as defined under F.S. 741.28.

Yes. Prosecutors decide whether to file charges based on evidence and risk, not solely on the alleged victim’s wishes.

Even unintentional violations can result in arrest. An attorney can review the circumstances and develop a defense tailored to the situation.

Felony battery by strangulation is a third-degree felony, punishable by up to five years in prison, probation, and other long-term consequences. Aggravating factors can increase penalties.

A skilled attorney can analyze evidence, challenge weaknesses in the State’s case, negotiate with prosecutors, and develop a strategy that protects your rights from the first court appearance through trial.

Evidence may include:

• Police reports and witness statements
• Photographs of injuries
• Medical records and emergency room documentation
• Text messages, emails, or social media communications
• 911 calls or recorded statements
• Video surveillance or body camera footage

Bail amounts and conditions are set at the first appearance. Domestic violence cases often include conditions such as no-contact orders, surrender of firearms, or travel restrictions. An attorney can request modifications if circumstances allow and explain the process so clients understand their obligations.

A waiver of prosecution occurs when the State agrees not to move forward on charges, often after review by law enforcement or the State Attorney’s office. It is not guaranteed and depends on the facts, evidence, and circumstances of the case. An attorney can advocate for consideration of a waiver when appropriate.

Yes. Domestic violence injunctions can restrict all forms of contact, including in-person, phone, text, email, and social media. Violating an injunction, even unintentionally, can lead to arrest. Understanding the injunction and working with an attorney to clarify boundaries is critical.

Yes, but it must be done legally and ethically. Collecting photographs, communications, or witness statements can help your attorney evaluate your defense. Avoid actions that could be seen as harassment or violation of an injunction.