Being arrested for a first-time domestic violence charge in Florida can turn your life upside down. One heated moment, a misunderstanding, or even a false accusation can land you in jail and under a no-contact order.
The answer: Yes, but it’s not automatic—and it’s not up to the victim. Only the prosecutor can drop the charges, and how your case is handled early on can make or break your future.
🔹 Who Decides Whether to Drop Domestic Violence Charges?
In Florida, the alleged victim cannot “press” or “drop” charges. Once law enforcement gets involved and makes an arrest, the decision to prosecute is entirely up to the State Attorney’s Office.
🚨 Many Florida prosecutors follow a “no-drop” policy, especially in Broward County and South Florida, meaning they’ll pursue cases even when the alleged victim doesn’t want to move forward.
That’s why hiring an experienced Fort Lauderdale domestic violence defense attorney is critical. Your lawyer can intervene early, challenge the strength of the evidence, and open a line of communication with prosecutors to push for dismissal.
🔹 What Happens After a First-Time Domestic Violence Arrest?
Even if it’s your first offense, the consequences start immediately:
âś… Mandatory arrest: Florida law requires police to make an arrest if they believe probable cause exists.
✅ No-contact order: Judges typically issue these at first appearance hearings—even if the alleged victim opposes it.
âś… Jail hold: You may not be released until you see a judge, which could take 24+ hours.
âś… Loss of firearm rights: A condition of bond is usually no firearm possession, which can be a major issue for licensed professionals.
💡 First-time domestic violence offenders often think they’ll be offered pretrial diversion or PTI—but in many Florida counties, those options are off the table unless the charges are reduced.
🔹 Can the Victim Drop the Charges?
Not directly.
While victims can submit a declination of prosecution (a sworn statement saying they don’t wish to proceed), it’s still up to the State to decide whether to drop the case.
🚨 Important: If the defendant (or anyone on their behalf) pressures the victim to drop charges or not testify, it may result in witness tampering accusations—a serious felony.
💡 Your criminal defense lawyer is the only one who should communicate with the prosecutor about the alleged victim’s wishes. Doing this the wrong way can backfire badly.
🔹 When Can a Domestic Violence Case Be Dismissed?
Even with a “no-drop” policy in place, the State may back off if the case is weak. Here’s when a first-time domestic violence charge in Florida may be dropped:
âś… Lack of injuries or physical evidence
âś… Conflicting or changing stories from the alleged victim
âś… No 911 recording, witness statements, or police bodycam footage
âś… Strong legal defenses like self-defense or Stand Your Ground
In some cases, your lawyer may convince the prosecutor to file a lesser charge that makes you eligible for diversion, which can lead to a dismissal after completion.
🔹 How a Fort Lauderdale Domestic Violence Attorney Can Help
Domestic violence charges—especially on a first offense—can be frustrating and confusing. You may feel like the entire system is stacked against you. But a smart defense strategy can make all the difference.
Here’s what we do at Michael White, P.A.:
đź’Ľ We get involved immediately. Early intervention gives us the best shot at convincing the State not to proceed.
📂 We gather evidence and inconsistencies in the State’s version of events.
📞 We communicate directly with the prosecutor—especially when the alleged victim wants the charges dropped.
🛡️ We protect your rights in court and fight to lift or modify no-contact orders when appropriate.
🏛️ We prepare for trial if the State refuses to drop or reduce the charges.
âś… Don’t Wait. Your Case Could Be Dropped—But Only If You Act Fast.
If you’ve been arrested for domestic violence in Fort Lauderdale, Broward County, or anywhere in South Florida, don’t assume the case will go away on its own—even if the other person wants to “drop the charges.”
You need a defense lawyer who knows how to get ahead of the case—before it’s too late.
📞 Call Michael White, P.A. today for a free consultation. We’ll review your case, explain your options, and fight to protect your future.
âś… Don’t Wait. Your Case Could Be Dropped—But Only If You Act Fast.
Q: Can a first-time domestic violence charge be dropped in Florida?
âś… Yes, but only the prosecutor can drop it—not the victim. Early legal intervention is key.
Q: What happens after a first-time domestic violence arrest?
🚨 You may be held overnight, issued a no-contact order, and barred from having firearms.
Q: Can the alleged victim drop the charges?
❌ No. They can request it, but only the State Attorney’s Office decides.
Q: Is PTI or diversion available for domestic violence cases in Florida?
🟡 Sometimes—but often only if charges are reduced. Your lawyer can push for this.
Q: Can I lift a no-contact order?
đź’ˇ Yes, with a motion and court hearing. A defense lawyer can guide you through it.