A domestic violence arrest in Florida triggers a series of automatic legal consequences — even before your case ever reaches a courtroom. Many people are shocked to learn they can be jailed overnight, issued a no-contact order, and lose access to their home and children — all within hours of an arrest.
If you or someone you care about has been arrested for domestic violence, it’s critical to understand what happens next and how to protect your rights.
🚨 Immediate Consequences After Arrest
In Florida, police officers must make an arrest if they have probable cause to believe domestic violence occurred.
Once arrested:
- You’ll be taken to jail and held without bond until your first appearance hearing (within 24 hours).
- A temporary no-contact order will likely be issued — preventing you from contacting the alleged victim.
- You may be barred from returning home if you share a residence with the alleged victim.
⚠️ Important: Even if the alleged victim doesn’t want charges pressed, the State can (and often will) continue prosecuting the case.
🧑⚖️ First Appearance Hearing
At your first court appearance (within 24 hours of arrest):
- A judge will determine whether to set bail.
- A no-contact order is usually issued or reaffirmed.
- Conditions for release (such as anger management classes, electronic monitoring, or stay-away zones) may be imposed.
Your attorney can fight for more favorable bond conditions and advocate for modifying or removing unnecessary restrictions.
🔥 No-Contact Orders and Their Impact
Florida courts routinely issue no-contact orders in domestic violence cases. This order prohibits:
- Direct or indirect communication with the alleged victim
- Returning to a shared home
- Contacting the victim through third parties (friends, family, social media)
Violating a no-contact order — even accidentally — can result in new criminal charges.
If both parties want contact restored, your defense lawyer can request a hearing to modify the order.
📜 What About the Charges Themselves?
Domestic violence charges can include:
- Battery
- Assault
- Aggravated assault
- Strangulation
- Stalking
- Criminal mischief (property damage)
Penalties depend on the severity of the allegations but may involve jail time, probation, mandatory counseling, loss of gun rights, and immigration consequences for non-citizens.
📍Arrested for Domestic Violence in Fort Lauderdale?
Don’t let one mistake — or one false accusation — derail your future. At Michael White, P.A., we defend domestic violence charges across Fort Lauderdale and South Florida, leveraging experience as a former prosecutor to challenge weak cases and protect your rights.
🟢 Free consultations available.
🟡 Aggressive defense when you need it most.
❓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.