Last updated January 2026
A domestic violence arrest in Florida triggers immediate legal consequences — often before you’ve had any opportunity to explain your side of the story. Many people are shocked to learn they can be jailed overnight, issued a no-contact order, and barred from their home or children within hours of an arrest.
Understanding what happens after a domestic violence arrest in Florida — and what steps matter most early — is critical to protecting your rights and your future.
🚨 Immediate Consequences After a Domestic Violence Arrest
Florida law requires officers to make an arrest if they believe probable cause exists for domestic violence. Once an arrest occurs, events move quickly.
After arrest, you should expect that:
You will be taken to jail and held without bond until First Appearance
A temporary no-contact order will likely be imposed
You may be barred from returning home if you share a residence
Firearm possession is typically prohibited as a condition of release
⚠️ Even if the alleged victim does not want to pursue charges, the State may — and often does — continue prosecuting the case.
🧑⚖️ The First Appearance Hearing (Within 24 Hours)
Florida law requires that anyone arrested for domestic violence appear before a judge within 24 hours.
At First Appearance, the judge will:
Decide whether to set bail
Issue or reaffirm a no-contact order
Impose release conditions, which may include:
Anger management classes
GPS or electronic monitoring
Stay-away zones
A defense attorney can argue for reasonable bond conditions and request modification of overly restrictive terms.
🔥 No-Contact Orders and Their Impact
No-contact orders are standard in Florida domestic violence cases and are often imposed automatically.
These orders typically prohibit:
Direct or indirect communication with the alleged victim
Returning to a shared residence
Contact through friends, family, or social media
Violating a no-contact order — even unintentionally — can result in new criminal charges and bond revocation.
If both parties want contact restored, your attorney may request a hearing to modify the order, but only a judge can approve changes.
📜 What Charges May Be Filed After Arrest?
Domestic violence charges in Florida may include:
Battery or assault
Aggravated assault or battery
Strangulation
Stalking
Criminal mischief (property damage)
Penalties vary based on the allegations but may involve jail, probation, mandatory counseling, loss of firearm rights, and immigration consequences for non-citizens.
An arrest does not mean a conviction — but what happens next matters.
🕰️ Why Early Legal Action Matters After Arrest
The period immediately after arrest is often the most important stage of the case.
Early legal intervention can:
Preserve evidence before it disappears
Prevent damaging statements
Challenge probable cause
Seek modification of no-contact orders
Position the case for dismissal or reduction
Understanding how domestic violence charges are dismissed in Florida helps explain why timing and strategy are critical at this stage.
📍 Arrested for Domestic Violence in South Florida?
Domestic violence arrests in South Florida carry serious consequences, but they are often defensible when handled properly.
📞 Contact Michael White, P.A. to speak with a Fort Lauderdale domestic violence defense lawyer about what happens next and how to protect your rights.
❓FAQs
Q1: Will I automatically be convicted if I’m arrested for domestic violence?
A: No. An arrest is just the beginning of the process. The State must prove the charges beyond a reasonable doubt — and there are many viable defenses.
Q2: Can the alleged victim drop domestic violence charges?
A: Not directly. Only the prosecutor has the authority to drop charges, although the alleged victim’s cooperation can influence the case.
Q3: What is a no-contact order, and how long does it last?
A: A no-contact order prohibits communication with the alleged victim and typically remains in place until modified by the court or the case concludes.
Q4: Can I get my domestic violence charge sealed or expunged later?
A: Possibly — but only if the case is dropped, dismissed, or you are found not guilty. Convictions for domestic violence are generally not eligible for sealing.
Q5: Will a domestic violence charge affect my job or professional license?
A: Yes, it can. Certain employers and licensing boards consider domestic violence arrests or convictions serious offenses. Early legal intervention can help protect your career.