When the police are called to a home in Fort Lauderdale, FL, for a domestic dispute, the situation can escalate rapidly. Unlike other types of calls where officers might suggest people cool off or go their separate ways, Florida law takes a much firmer stance on domestic incidents. For many, the most shocking part of the process is the realization that once the police arrive, the decision to make an arrest for domestic violence is no longer in the hands of the individuals involved.
If you or a loved one is facing a domestic violence charge in Fort Lauderdale, FL, finding a Fort Lauderdale criminal defense lawyer is the first step toward protecting your future. At the Law Office of Matthew Glassman, our criminal defense lawyer sees how these laws affect families every day. This guide explores the reality of a mandatory arrest, the types of charges you might face, and the penalties associated with domestic violence in South Florida.
How Florida’s Domestic Violence Arrest Laws Work
Florida has specific statutes designed to address domestic violence with urgency. The most significant aspect of these laws is the concept of “probable cause” and “primary aggressor.”
The "Must Arrest" Policy
While Florida’s statutes do not explicitly use the phrase “mandatory arrest” for every single call, they grant law enforcement broad authority to make an arrest without a warrant if they have probable cause to believe an act of domestic violence has occurred. In practice, most South Florida police departments—including those in Fort Lauderdale, Hollywood, and Pompano Beach—operate under a “pro-arrest” policy.
This means that if there is any evidence of physical contact or a credible threat, someone is likely going to jail. Officers are trained to identify the “primary aggressor,” and once that determination is made, an arrest is almost certain.
Common Types of Domestic Violence Charges in Broward County, FL
“Domestic violence” is an umbrella term that covers various criminal acts committed against a “family or household member.” This includes spouses, former spouses, people related by blood or marriage, people living together as a family, or parents who have a child in common.
Domestic Battery
Domestic battery is the most frequent charge. Under Florida law, battery occurs when a person actually and intentionally touches or strikes another person against their will. In a domestic context, even a slight shove or grabbing someone’s arm can lead to a charge of domestic battery.
Felony Domestic Battery by Strangulation
This is a more severe charge. If an individual intentionally impedes the normal breathing or circulation of the blood of a family or household member by applying pressure on the throat or neck, it is a third-degree felony. Law enforcement looks for marks on the neck or complaints of difficulty breathing to justify this arrest.
Aggravated Battery
If the incident involves a deadly weapon or results in “great bodily harm, permanent disability, or permanent disfigurement,” the charge is elevated to aggravated battery. This is a high-level felony with significant prison time attached.
Stalking and Aggravated Stalking
Domestic violence isn’t always physical. Cyberstalking or repeatedly following and harassing a former partner can lead to stalking charges. If there is a court order (like an injunction) in place and the stalking continues, it becomes aggravated stalking.
Violation of an Injunction (Restraining Order)
If a court has issued a “Final Judgment of Injunction for Protection Against Domestic Violence” and the respondent contacts the petitioner, even via a simple text message or through a third party, they can be arrested immediately for a first-degree misdemeanor.
Penalties for Domestic Violence Convictions in Florida
The consequences of a domestic violence conviction goes far beyond jail time. Because these crimes carry a specific “domestic” designation, they have collateral consequences that other battery charges do not.
Minimum Jail Time
In Florida, if a person is found guilty of domestic violence and there is “intentional bodily harm” to another person, the court is required to sentence them to a minimum of five days in the county jail. This is a mandatory minimum, meaning the judge has little room to waive it if the criteria are met.
Batterers’ Intervention Program (BIP)
Almost every person convicted of a domestic violence offense in Fort Lauderdale is required to complete a Batterers’ Intervention Program. This is a rigorous, 26-week program that requires weekly attendance and significant out-of-pocket costs. Failure to complete the BIP is a violation of probation and can lead to more jail time.
Loss of Civil Rights and Firearm Possession
Under both Florida and federal law (specifically the Lautenberg Amendment), anyone convicted of a misdemeanor crime of domestic violence is prohibited from owning or possessing a firearm or ammunition for life. For individuals in the military, law enforcement, or private security, this often means the end of their career.
Permanent Criminal Record
A unique and harsh aspect of Florida law is that domestic violence charges are often ineligible for sealing or expungement if you are convicted or even if you receive a “withhold of adjudication.” This means the arrest and the outcome could remain on your public record forever, visible to employers and landlords.
The Role of a Fort Lauderdale Criminal Defense Lawyer
When you are facing the South Florida legal system, the deck can feel stacked against you. Our experienced criminal defense attorney looks for the holes in the prosecution’s case that may not be obvious to the untrained eye.
Criminal Defense Lawyer Challenging Probable Cause
Just because an officer made an arrest for domestic violence doesn’t mean the arrest was lawful. Our Fort Lauderdale criminal defense lawyer examines the police reports and body camera footage to determine if the officer truly had probable cause or if they acted based on a misunderstanding of the situation.
Criminal Defense Lawyer Defending Against False Accusations
Unfortunately, domestic violence allegations are sometimes used as leverage in divorce or child custody battles. Our criminal defense lawyer can investigate the motives of the accuser and present evidence that shows the allegations may be fabricated or exaggerated.
Criminal Defense Attorney Asserting Self-Defense Strategy
In many domestic disputes, both parties are involved in a physical altercation. Under Florida’s “Stand Your Ground” laws and general self-defense statutes, you have the right to defend yourself if you are attacked. If you were not the primary aggressor but were simply protecting yourself from harm, this can be a powerful defense in court.
Frequently Asked Questions (FAQs): Questions About Domestic Violence Charges in Fort Lauderdale, Florida
Only a prosecutor from the State Attorney’s Office can drop the charges. While a victim’s request not to prosecute is taken into account, the State often moves forward if they believe they have enough independent evidence, such as 911 calls or photos of injuries.
In Florida, anyone arrested for a domestic violence offense must be held in jail without bond until they appear before a judge at a First Appearance hearing (usually within 24 hours). The judge must assess the safety of the alleged victim before setting a bond amount and release conditions.
No. You cannot return to the residence or have any contact with the protected person, even to get essentials. To get your belongings, your criminal defense lawyer can help arrange a “civil standby,” where a police officer escorts you to the home for a limited time to collect your things.
If you are adjudicated guilty (convicted), the record cannot be sealed or expunged in Florida. However, if the charges are dismissed or if you receive a “withhold of adjudication” and successfully complete probation, you may be eligible to have your record sealed or expunged.
Yes. Domestic battery only requires an “intentional touching or striking” against the person’s will. No physical injury or visible marks are required for the police to have probable cause for an arrest.
Fort Lauderdale Criminal Defense Attorney Helping You Navigate the "No Contact" Order
Immediately following an arrest for domestic violence in Fort Lauderdale, FL, the court will almost always issue a “No Contact” order as a condition of pretrial release. This order prohibits you from:
- Returning to your home if the complaining witness lives there.
- Communicating via phone, text, or social media.
- Communicating through friends or family members.
- Coming within 500 feet of the victim’s home or workplace.
Violating this order is a separate criminal offense and will result in your bond being revoked, meaning you will stay in jail until your case is resolved. Our Fort Lauderdale criminal defense attorney can file a motion to modify these conditions, potentially allowing for “peaceful contact” if the other party agrees and the court finds it appropriate.
Why You Need a Criminal Defense Attorney in Broward County, FL
The local rules in Broward County are different from those in other parts of the state. Knowing the local prosecutors and judges allows our criminal defense attorney to tailor a defense strategy to the specific environment of the Fort Lauderdale courthouse.
Whether it is negotiating for a “Deferred Prosecution Agreement” (which can lead to the charges being dropped) or taking the case to trial to prove your innocence, having a local advocate is a major advantage.
Broward County Criminal Defense Lawyer: Preparing for Your First Appearance
Within 24 hours of your arrest, you will have a “First Appearance” hearing at the Broward County Courthouse. This is where a judge decides your bond amount and sets the initial conditions of your release. Having our Broward County criminal defense lawyer present at this hearing can be the difference between going home and sitting in jail for weeks while the state decides whether to file formal charges.
Are You Searching for a “Criminal Defense Attorney Near Me?” Contact the Law Office of Matthew Glassman Today for a Free Consultation!
Domestic violence allegations in Broward County, FL, are emotionally draining and legally complex. The stigma of the charge alone can damage your reputation before you ever have a chance to speak your side of the story. You do not have to face this alone.
If you are searching for a “criminal defense attorney near me” who will fight for your rights, contact the Law Office of Matthew Glassman. Our Fort Lauderdale criminal defense attorney provides a thorough evaluation of your case and will work relentlessly to reach the best possible outcome for your situation.