In 2023, a Manhattan jury convicted Jonathan Majors of misdemeanor assault and harassment after a dispute with his then-girlfriend in the back of an SUV. The verdict had a sharp edge to it: the jury found that he caused injury recklessly, not intentionally, and acquitted him of the intentional counts. He was sentenced to a year-long domestic violence intervention program and probation, with a court order barring contact, and Marvel dropped him within hours.
Whatever you think of the case, it is a useful window into how domestic violence cases work, including here in Florida, where a few things surprise almost everyone.
This is general legal commentary on a publicly reported, resolved case, offered to explain how the law works. Domestic violence is serious. Nothing here is a comment on any individual, it is not legal advice, and The Safir Lawyer does not represent anyone in this matter.
In Florida, the State decides, not the accuser
The most common misunderstanding I hear is that the alleged victim can “drop the charges.” In Florida, a domestic violence case belongs to the State Attorney, not to the person who called the police. Prosecutors can and do move forward even when the alleged victim recants or wants nothing to do with it, building the case on the 911 call, photos, injuries, and statements made that night. A later recantation is something the defense can use, but it does not end the case on its own.
The no-contact order comes fast
At first appearance in a Florida domestic violence case, the judge will usually enter a no-contact order barring any contact with the alleged victim, often even when both people want to talk. Violating that order is a separate crime and can land someone back in jail, regardless of how the underlying case turns out.
Reckless or intentional is not a small distinction
The Majors jury landed on reckless rather than intentional, and that line matters in Florida too. Domestic violence battery requires an intentional touching or striking. A contact that was accidental, or that happened in a chaotic struggle, may not meet that bar, which is often exactly where the real fight in these cases lives: what happened, in what order, and who did what.
Who was the aggressor: self-defense
The defense in that case argued the other person was the instigator. Florida recognizes self-defense, and in a lot of domestic cases the central question is who started the physical part and whether the response was reasonable. These are rarely as one-sided as the first police report makes them look.
A conviction follows you
Even a misdemeanor domestic violence conviction carries weight in Florida. It generally cannot be sealed or expunged, it can cost you your firearm rights, and it surfaces in background checks for jobs and housing for the rest of your life. That permanence is why a careful defense matters so much, even on a charge that sounds minor.
What this means in Florida
A domestic violence charge is serious for everyone touched by it, and it does not disappear because one person wishes it would. Understanding how the State proves these cases, and finding the real factual disputes inside them, is the whole job.
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A domestic violence charge does not go away because someone wants it dropped, and the facts are often more contested than the report suggests. Let’s talk through what really happened.
About the author
Rory Safir is one of a handful of ACS-CHAL Forensic Lawyer-Scientists in Florida, an NHTSA qualified field sobriety instructor, and a former Assistant Public Defender in Tampa. He trained on the same gas chromatography instruments the State labs use, which is why he reads breath and blood evidence the way an analyst does.
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Common Questions
Can the alleged victim drop a domestic violence charge in Florida?
No. The case belongs to the State Attorney, who can proceed even if the alleged victim recants or does not want to cooperate, using the 911 call, photos, and statements as evidence.
What is a no-contact order?
It is a court order, usually entered at first appearance in a domestic violence case, barring any contact with the alleged victim. Violating it is a separate crime, even if both people want contact.
Is self-defense a defense to domestic violence in Florida?
Yes. Florida recognizes self-defense, and in many domestic cases the central question is who was the aggressor and whether the response was reasonable.
Can a domestic violence conviction be sealed in Florida?
Generally no. A domestic violence conviction usually cannot be sealed or expunged and can carry firearm, employment, and housing consequences for life.