What Happens After a Domestic Violence Arrest in Florida
Short answer: After a domestic violence arrest in Florida, the accused is generally held until first appearance before a judge, usually within 24 hours. The judge sets release conditions, often including no contact with the alleged victim and the home. The State Attorney's Office, not the alleged victim, decides whether to file charges, and the case can proceed even if the alleged victim does not want it to.
Domestic violence cases in Florida are handled differently from many other arrests. The process moves quickly, and the conditions set in the first day can affect where you live and who you can talk to for months.
The first 24 hours
- Arrest. Florida law encourages arrest when officers find probable cause of domestic violence.
- Held until first appearance. A person arrested for domestic violence generally must be held until brought before a judge.
- First appearance. Usually within 24 hours, a judge reviews probable cause and sets bond and release conditions.
- Release conditions. Commonly no contact with the alleged victim, no return to the shared home, and surrender of firearms.
No contact means no contact: Violating a no-contact condition, even with a phone call the alleged victim welcomes, can lead to a new arrest and revocation of bond.
Who decides whether the case continues
A common misunderstanding is that the alleged victim can "drop the charges." In Florida, the State Attorney's Office decides whether to file charges and whether to continue a case. The alleged victim's wishes matter, but prosecutors can and do proceed using other evidence, such as 911 recordings, photographs, officer observations and statements.
Possible charges
- Domestic battery
- Aggravated assault or aggravated battery with a domestic designation
- Battery by strangulation
- Violation of an injunction
Consequences beyond the sentence
Immediate
- No-contact orders and housing disruption
- Firearm surrender
- Effects on time-sharing in a family case
Long-term
- Federal firearm restrictions after a domestic violence conviction
- Limits on sealing or expunging the record
- Employment, licensing and immigration consequences
The decisions made in the first week of a domestic violence case often matter as much as anything that happens at trial.
Related civil cases
A domestic violence arrest often overlaps with an injunction case or a divorce or custody case. Statements made in one case can be used in another. Coordinating strategy across them is essential. See domestic violence injunctions in Florida.
Talk with a lawyer
Heather Harris Law represents Brevard County clients charged with domestic violence offenses. Heather's thirteen years as a prosecutor give her a clear view of how these cases are evaluated by the State.
Frequently asked questions
Can the victim drop domestic violence charges in Florida?
No. The State Attorney's Office decides whether to file and continue charges. The alleged victim's wishes are considered, but the case can proceed without their cooperation.
How long will I be held after a domestic violence arrest?
Florida law generally requires that a person arrested for domestic violence be held until first appearance before a judge, which usually occurs within 24 hours.
Can I go home after being released?
Often not, if release conditions prohibit contact with the alleged victim or return to the shared residence. A lawyer can ask the court to modify conditions.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.