The holidays put families under one roof for days at a time, along with travel, money pressure and alcohol. Police departments around the country often report busier holiday weeks for domestic calls. In Florida, one argument loud enough for a neighbor to call 911 can end with someone in handcuffs, even when nobody in the house wanted an arrest. Florida’s pro-arrest approach to domestic violence means officers often leave with someone in custody.
After a domestic violence arrest in Broward County, you cannot bond out until a judge sees you at first appearance. That usually happens within 24 hours, holidays included. The judge will almost always order you to have no contact with the alleged victim, which can keep you out of your own home through Thanksgiving, Christmas and New Year’s. The State Attorney’s Office decides whether the case goes forward, not the alleged victim. Talk to a Broward County domestic violence lawyer as early as possible, ideally before first appearance.
What Counts as Domestic Violence in Florida?
Under section 741.28, Florida Statutes, domestic violence includes assault, battery, stalking, false imprisonment and any crime causing injury between “family or household members.” That group is wider than most people think. It covers spouses and former spouses, people related by blood or marriage, people who live or have lived together as a family, and parents who share a child.
At holiday time, that means a shove between brothers-in-law, a fight with an adult child or a scuffle with a visiting cousin can all be charged as domestic violence. Most cases are filed as domestic battery or assault.
What Happens After a Holiday Domestic Violence Arrest?
You Stay in Jail Until First Appearance
Most people arrested in Broward County can post a standard bond. Domestic violence is different. Section 741.2901(3) requires that you be held until a judge sets bail. Before that hearing, prosecutors pull your full history, including prior arrests, injunctions and past complaints, and give it to the judge.
First appearance hearings run every day of the year, including Thanksgiving and Christmas. A lawyer at that hearing can argue for a reasonable bond and push back on conditions that would cost you your job or your housing.
The No-Contact Order Follows You Home
Florida law makes “no contact of any type with the victim” a standard condition of release in domestic violence cases (section 903.047). In practice, that often means:
- You cannot return to a home you share with the alleged victim.
- You cannot attend a holiday dinner or event where they will be.
- You cannot call, text, email or message them on social media, or send messages through friends or relatives. That includes a “Merry Christmas” text.
If you share children, the court can name a third person to handle communication about them. A criminal defense lawyer can also ask the judge to modify the order, for example to allow nonviolent contact or a supervised visit with your kids.
Breaking the Order Is a New Crime
Violating a pretrial no-contact condition is a separate first-degree misdemeanor under section 741.29(6), punishable by up to one year in jail. You go back into custody until another first appearance. This is true even if the alleged victim invites you over. The order binds you, not them.
Is a No-Contact Order the Same as a Restraining Order?
No. They are two separate cases. The no-contact order is part of your criminal case. A restraining order, called an injunction for protection, is a civil case the alleged victim can file on their own under section 741.30. A judge can grant a temporary injunction without you there. It lasts up to 15 days, until a full hearing where you can respond, though it is extended if that hearing is postponed.
A final injunction can order you out of the home, affect time with your children and bar you from having firearms. Violating it is a separate crime. Because what you say at the injunction hearing can be used in the criminal case, have a lawyer with you.
Can the Alleged Victim Drop Domestic Violence Charges in Florida
No. Florida requires each State Attorney to follow a pro-prosecution policy. Specialized domestic violence prosecutors decide whether to file charges, and they can do it over the alleged victim’s objection. What the alleged victim wants can still matter, but your attorney, not you, should be the one to communicate it. Contacting them yourself to “fix it” can lead to a new charge and look like witness tampering.
This is also why so many wrongly accused people find their case moving forward long after the family has made peace.
What Penalties Does a Domestic Violence Conviction Carry?
A first domestic battery is usually a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Florida adds mandatory consequences on top of that:
Probation and a 29-week program.
A guilty or no contest plea, even with adjudication withheld, brings at least one year of probation and a 29-week batterers’ intervention program (section 741.281).
Mandatory jail.
If you are convicted and the judge finds you intentionally caused bodily harm, the minimum is 10 days in jail. If a child under 16 from the household was present, which happens often at holiday gatherings, it rises to 15 days (section 741.283).
Tougher repeat-offense rules.
Since July 1, 2026, a new domestic violence charge can be bumped up a degree if you have a prior domestic violence conviction (HB 277).
No record sealing.
A guilty or no contest plea to domestic violence cannot be sealed or expunged, even with a withhold.
Loss of gun rights.
Federal law bars anyone convicted of misdemeanor domestic violence from owning a firearm (18 U.S.C. § 922(g)(9)). See our guide to firearm ownership after a conviction.
Immigration consequences.
For anyone who is not a U.S. citizen, a domestic violence conviction can lead to deportation (8 U.S.C. § 1227(a)(2)(E)). Talk to a defense attorney before accepting any plea.
What Should You Do Right Now?
- Stay quiet about the incident. Jail phone calls are recorded. Don’t explain your side to police without a lawyer.
- Have no contact with the alleged victim, directly or through anyone else.
- Save evidence. Write down what happened while it is fresh, and keep texts, photos and the names of witnesses.
- Stay off social media. Posts about the incident or the holidays can end up as evidence.
- Call a criminal defense attorney before first appearance if you can.
Our step-by-step arrest guide covers the rest of the process.
How Broward County Criminal Defense Lawyer Matthew Glassman Defends Holiday Domestic Violence Cases
Matthew Glassman has been licensed in Florida since 2005 and began his career as an assistant public defender in Broward County. He looks at what really happened, not just the arrest report: 911 recordings, body camera footage, injuries or the lack of them, self-defense, and statements that changed once tempers cooled. He also moves quickly to modify no-contact orders so clients can get back to their homes, their jobs and their children. He answers calls, texts and emails at all hours, which matters when an arrest happens on a holiday weekend.
Frequently Asked Questions
You will be held until first appearance, which usually happens within 24 hours of arrest, including weekends and holidays. The judge sets bond and release conditions at that hearing.
Usually not, if the alleged victim lives there. A no-contact condition generally keeps you away from the shared home. Your attorney can ask the judge to modify it.
It depends on the charge. Simple domestic battery is usually a misdemeanor. Aggravated battery, battery by strangulation and some repeat offenses are felonies.
It can. A no-contact order or injunction can limit your time with your children while the case is pending. Under section 61.13, a domestic violence conviction for a first-degree misdemeanor or higher creates a rebuttable presumption that shared parental responsibility would harm the child.
The arrest stays on your record unless you take action. If the charge was dropped, dismissed or ended in an acquittal, you may be able to have it expunged.
Talk to a Broward County Criminal Defense Attorney Today
If you or a family member was arrested over the holidays, call 954-908-3399 or request a free consultation. The Law Office of Matthew Glassman represents clients throughout Broward County and Palm Beach County from our office at 600 SW 4th Avenue, Fort Lauderdale, FL 33315. Every client gets Matthew Glassman’s personal cell number. Contact us today for experienced defense representation.