Being falsely accused of domestic violence in Florida can upend your life overnight. You might be removed from your home, lose access to your children, and face criminal charges—all before a trial even begins. But a strong legal response can protect your freedom, your record, and your reputation.
Here’s what to do immediately if you’re facing false allegations.
🚫 1. Do Not Contact the Accuser
Even if the accusation is completely false, do not reach out—especially if a restraining order or no-contact order is in place. Any contact could be considered a violation and lead to your immediate arrest.
🛑 Let your attorney handle all communication. Texts, calls, and DMs can be used against you—even when you’re trying to “clear things up.”
👨⚖️ 2. Hire a Criminal Defense Lawyer Immediately
Domestic violence charges are serious—even without physical injuries. In Florida, these charges:
Cannot be expunged if convicted
Can affect child custody, housing, and employment
May carry mandatory jail time and no-contact conditions
At Michael White, P.A., we build your defense early—challenging inconsistencies, filing evidence preservation demands, and pursuing dismissal wherever possible.
🧾 3. Preserve Evidence and Build a Timeline
False accusations often fall apart under scrutiny—but only if you preserve the facts.
Helpful evidence might include:
Texts, emails, or voicemails showing hostility or inconsistencies
Photos showing lack of injury or physical damage
Witnesses who saw the alleged incident or its aftermath
GPS records, call logs, or security footage confirming your location
📲 Screenshot messages and save call logs. Don’t delete anything.
⚠️ 4. Understand the Stakes of a False DV Allegation
In Florida, domestic violence isn’t limited to physical violence. You can be charged based on:
Alleged threats
Property destruction
Verbal altercations
Allegations of emotional abuse or intimidation
False accusations often arise during divorce, child custody battles, or relationship breakdowns—and prosecutors will move forward even without the alleged victim’s cooperation.
✅ 5. Explore Your Options for Dismissal or Defense
Your lawyer may pursue one of several options to resolve the case:
Filing a motion to dismiss for lack of evidence
Showing motive for a false claim (e.g., custody dispute, revenge)
Using witness contradictions or bodycam footage to challenge credibility
Pursuing a pretrial diversion program, if appropriate
Going to trial to prove your innocence
⚖️ Every case is different. An experienced defense lawyer can explain the strategy that best fits your situation.
🛡️ Fort Lauderdale Domestic Violence Defense Attorney
At Michael White, P.A., we’ve helped clients fight false domestic violence allegations by building the case from the ground up. As a former prosecutor, Attorney White knows how the State builds these cases—and how to take them apart.
👉 Schedule a free case evaluation today to protect your rights and reputation.
🔍 More Answers About Fighting False Domestic Violence Charges in Florida
❓ Can I be arrested without physical evidence?
Yes. A verbal accusation alone can lead to arrest and charges in Florida.
❓ Will the charges be dropped if the accuser recants?
You can still be charged for threats, intimidation, or even breaking property during an argument.
❓ What if I never touched the person?
You can still be charged for threats, intimidation, or even breaking property during an argument.
❓ Can I see my kids during the case?
Maybe not. Domestic violence charges can lead to temporary loss of custody and contact restrictions.
❓ Can I seal or expunge the charge later?
Only if the charge is dismissed. If you’re convicted—even with a withhold—you typically can’t expunge.