Many people assume that if a victim wants domestic violence charges dropped in Florida, the case will go away. But that’s not how it works. The State — not the victim — decides whether to prosecute.
If you’re facing charges in Fort Lauderdale or anywhere in South Florida, understanding the legal process — and your defense options — is critical to protecting your freedom and your future.
⚖️ Who Has the Power to Drop Charges?
Under Florida law, domestic violence includes more than just physical harm. Once an arrest is made for domestic violence in Florida, the prosecutor controls the case, not the alleged victim. Even if the victim:
Refuses to testify,
Recants their statement, or
Asks for the case to be dismissed…
…the State Attorney’s Office can (and often does) proceed with prosecution.
This is especially true in Broward County, where the State takes a tough stance on domestic violence and may subpoena the victim to testify under threat of contempt.
If you’re facing charges in Fort Lauderdale or anywhere in South Florida, understanding the legal process — and your defense options — is critical to protecting your freedom and your future.
🗣️ But What If the Victim Doesn't Want to Press Charges?
While the prosecutor has ultimate authority, the victim’s wishes do matter — especially if:
They provide a sworn waiver of prosecution,
There are no visible injuries or medical records,
The 911 call was ambiguous or inconsistent,
They have a history of false reports or credibility issues.
An experienced criminal defense lawyer can present this information to the prosecutor as part of a pretrial intervention strategy, possibly leading to dismissal.
🧯 Early Legal Action Can Make the Difference
Timing is everything. A strategic legal response early in the case can:
Prevent formal charges from being filed (“no action” decision),
Convince the State to drop the case for lack of cooperation or evidence,
Secure entry into a diversion program like Deferred Prosecution,
Mitigate consequences and protect your record.
📍 Fort Lauderdale Domestic Violence Arrests: What to Expect
In South Florida, domestic violence arrests trigger no-contact orders, mandatory magistrate hearings, and strict bond conditions.
Domestic violence arrests in South Florida carry immediate consequences. Here’s what typically happens after an arrest.
You may be barred from your home, your children, or your property — even before a judge hears the facts. The stakes are high, and prosecutors rarely drop cases without strong legal or factual reasons.
🛡️ Defense Strategies That Work
Some of the most effective defenses to domestic violence charges include:
Self-defense or defense of others — if you were protecting yourself or others, Florida law may justify your actions.
Lack of injury or evidence of aggression
Inconsistent witness statements
Violation of constitutional rights, such as unlawful arrest or Miranda violations
Actual innocence supported by alibi or surveillance
👨⚖️ You Don’t Have to Face This Alone
At Michael White, P.A., we fight aggressively to get domestic violence charges reduced or dismissed. We know how to negotiate with local prosecutors — and how to expose weak or fabricated allegations.
📞 Contact us today for a confidential consultation.
🙋♂️ Frequently Asked Questions
❓ Can the victim just tell the court to drop the charges?
No. Only the State Attorney’s Office can formally drop criminal charges in Florida.
❓ Will I go to jail if the victim doesn’t show up?
Not necessarily — but the State may try to subpoena the victim or use prior statements. You still need a lawyer.
❓ Can I contact the victim after my arrest?
Not unless the judge modifies the no-contact order. Violating it can result in more charges and jail time.
❓ Can I get the charges sealed or expunged later?
Possibly. If the case is dropped or dismissed, you may be eligible to expunge your record.
❓ What if I was acting in self-defense?
Self-defense is a valid legal defense in Florida — especially if the other person was the initial aggressor.