🏡 Protecting Yourself — and Your Future
Being accused of domestic violence can turn your entire life upside down — even if you were only trying to defend yourself. Fortunately, Florida’s Stand Your Ground law offers powerful protection for those facing allegations after acting in self-defense.
If you reasonably believed you were in danger, you may have the right to immunity from prosecution before your case ever reaches trial. In this guide, we’ll explain how Stand Your Ground works in Florida domestic violence cases, what happens during a pretrial immunity hearing, and why hiring an experienced Fort Lauderdale domestic violence defense lawyer is critical to protecting your future.
⚖️ What Is Florida's Stand Your Ground Law?
Florida’s Stand Your Ground law, found in Florida Statute § 776.012, allows a person to use force — even deadly force — if they reasonably believe it is necessary to prevent imminent death or serious bodily harm.
Key points include:
- There is no duty to retreat if you are in a place you have a legal right to be.
- You are allowed to use force proportional to the threat you faced.
- Stand Your Ground applies in your home, your car, or any other lawful location.
This law can provide a powerful defense when you’re wrongly accused of domestic violence after protecting yourself.
🏠 How Stand Your Ground Applies to Domestic Violence Cases
Many people think Stand Your Ground only applies to stranger encounters — but it can absolutely be used in domestic violence situations.
Here’s how it works:
- Self-defense can be raised if you were protecting yourself from a spouse, partner, family member, or someone you live with.
- You must show that you reasonably believed force was necessary to prevent imminent harm.
- Physical harm, not just verbal threats, must be part of the situation.
✅ If successful, a Stand Your Ground defense can lead to your charges being dismissed before trial — avoiding the risks of a criminal record or jail time.
📜 Pretrial Immunity Hearings: How They Work
Before your case even reaches a jury, your lawyer can request a pretrial immunity hearing under Stand Your Ground.
Here’s what happens:
- Your attorney files a motion for immunity.
- A judge holds an evidentiary hearing — a mini-trial without a jury.
- You present evidence showing you acted in lawful self-defense.
- If you meet the burden, the prosecution must disprove your self-defense claim beyond a reasonable doubt.
Winning this hearing can result in a full dismissal of your domestic violence charges — saving you from the expense, stress, and stigma of a criminal trial.
🚫 Common Mistakes That Can Hurt a Stand Your Ground Defense
Even if you acted lawfully, simple mistakes after arrest can hurt your chances of using Stand Your Ground effectively:
- Talking to the police without a lawyer present. 🚓
- Posting about the incident on social media. 📱
- Contacting the alleged victim against bond conditions. 🚫
- Misunderstanding the legal definition of “imminent harm.” ⚖️
👉 Always consult with a criminal defense lawyer immediately after an arrest — before speaking to anyone else.
📞 Protect Your Rights After a Domestic Violence Arrest
If you’ve been arrested for domestic violence in Fort Lauderdale, don’t wait to get legal help.
Stand Your Ground can be a powerful weapon in your defense — but only if it’s raised properly and aggressively.
At Michael White, P.A., we know how to:
- Investigate your case for self-defense evidence.
- File a Stand Your Ground motion strategically.
- Fight to get your case dismissed before it ever reaches trial.
👉 Call today for a free consultation and protect your freedom, your record, and your future.
🙋♂️ Frequently Asked Questions About Stand Your Ground in Domestic Violence Cases
❓ What is Stand Your Ground in Florida domestic violence cases?
It’s a law that allows you to use force in self-defense without retreating — even against family or household members — if you reasonably fear imminent harm.
❓ Can Stand Your Ground lead to case dismissal before trial?
Yes. If you prove your self-defense claim in a pretrial immunity hearing, the judge can dismiss your charges without a trial.
❓ What is a pretrial immunity hearing?
It’s a special hearing where your lawyer argues that you acted in lawful self-defense, shifting the burden of proof onto the prosecution.
❓ Can I use Stand Your Ground against a spouse or romantic partner?
Yes. Stand Your Ground applies to any lawful location — including your home — and covers domestic relationships when real physical danger is present.
❓ Should I talk to the police after a domestic violence arrest?
No. Always consult with a criminal defense lawyer before making any statements to law enforcement.
🏡 Accused of domestic violence after defending yourself?
Florida’s Stand Your Ground law may protect you — and your future.
📞 Call Michael White, P.A. today for a free case evaluation and start building your defense.