A domestic violence arrest in Florida sets off a chain of events that can happen quickly and feel overwhelming. Many people assume that if the alleged victim doesn’t want to press charges, the case will just go away—but that’s not how it works. Understanding what to expect after a domestic violence arrest can help you protect your rights, avoid costly mistakes, and position yourself for the best possible outcome.
The Arrest Process in a Domestic Violence Case
Florida law treats domestic violence allegations with extraordinary seriousness. If the police are called to respond to a domestic disturbance and find probable cause to believe an act of domestic violence occurred, they are required to make an arrest—even if the alleged victim doesn’t want to press charges. Once you’re arrested:
- You will be booked into jail.
- You will be held without the possibility of immediate bond until your first appearance in court.
- A judge will review the charges and decide whether to set bond conditions or impose no-contact orders.
No-Contact Orders and Release Conditions
At your first appearance, typically within 24 hours of arrest, the judge will almost always issue a no-contact order preventing you from communicating with the alleged victim. This order remains in place even if the alleged victim objects or asks for it to be lifted. Violating a no-contact order can lead to additional criminal charges and complicate your defense significantly.
The Role of the Prosecutor
Once an arrest occurs, the case is in the hands of the State Attorney’s Office—not the alleged victim. Even if the victim wants to drop the charges, prosecutors can—and often do—move forward without the victim’s cooperation. This makes it critical to have a skilled domestic violence defense attorney in Miami advocating for you from the very start.
Potential Charges and Penalties
Domestic violence charges can range from misdemeanor battery to serious felony offenses like aggravated battery, false imprisonment, or strangulation. Possible penalties include:
- Jail or prison time
- Mandatory domestic violence counseling
- Loss of firearm rights
- Probation and community service
- Restraining orders
- Permanent criminal record that cannot be sealed or expunged if convicted
How the Case Proceeds After Arrest
- Arraignment: You will be formally charged and enter a plea.
- Discovery: Your attorney will obtain police reports, witness statements, 911 recordings, and other evidence.
- Pretrial motions: Your attorney may challenge the admissibility of evidence, question police conduct, or seek to modify no-contact orders.
- Negotiations or trial: Depending on the strength of the evidence, your lawyer may negotiate a plea deal or fight the charges at trial.
Early Intervention Can Make a Huge Difference
One of the most effective strategies in domestic violence cases is early intervention. In some cases, your attorney may be able to persuade the prosecutor to drop the charges based on weaknesses in the evidence, inconsistencies in witness statements, or the victim’s unwillingness to testify. Acting quickly after arrest is key to keeping your options open.
Defending Against Domestic Violence Charges
Common defenses to domestic violence charges include:
- Self-defense: You acted to protect yourself from harm.
- False allegations: The accusations were fabricated out of anger, jealousy, or to gain an advantage in a divorce or custody dispute.
- Accidental injury: Any injury caused was accidental, not intentional.
- Lack of evidence: The prosecution cannot prove the case beyond a reasonable doubt.
Impact on Future Opportunities
A domestic violence conviction can seriously affect your life. You may face limitations in employment, professional licensing, housing applications, and even child custody proceedings. That’s why it’s essential to fight aggressively from the very beginning to avoid a conviction if possible.
Protect Your Freedom and Reputation
If you’ve been arrested for domestic violence, don’t face the system alone. Contact an experienced Miami domestic violence lawyer at Reynoso Erickson Trial Law, P.A. We understand what’s at stake and will work tirelessly to defend your rights, challenge the accusations, and protect your future.