Domestic violence charges in Florida move differently than most other criminal matters. Once a charge is filed, the alleged victim cannot simply ask for it to be dropped, only the State Attorney has that authority, and cases are often prosecuted aggressively regardless of the relationship between the parties. Attorney Michael G. Salazar Jr. provides criminal defense representation to Fort Lauderdale clients facing these charges.
How Florida Defines Domestic Violence
Under Florida Statute 741.28, domestic violence includes assault, battery, aggravated assault, aggravated battery, and other offenses committed against a family or household member, defined broadly to include spouses, former spouses, people related by blood or marriage, those who live together or have lived together, and parents who share a child. A domestic violence attorney fort lauderdale clients trust should understand exactly how this definition applies to a specific set of facts.
What a Conviction Can Carry
Domestic battery under Florida Statute 784.03 is typically charged as a first-degree misdemeanor, punishable by up to one year in jail, up to one year of probation, and a fine of up to $1,000. Depending on the circumstances, additional consequences can include a mandatory batterer’s intervention program, a no-contact order, and restrictions on firearm possession. If the charge is enhanced to felony battery due to serious injury, penalties increase substantially.
Why These Cases Require a Careful Approach
Domestic violence allegations are sensitive and can carry lasting personal and professional consequences even beyond the courtroom. Attorney Salazar approaches each case individually, reviewing the full context of the allegation and the evidence involved before determining the right defense strategy.
The Injunction Process Runs Separately
In addition to any criminal charge, a domestic violence allegation can also lead to a civil injunction, sometimes called a restraining order, filed by the alleged victim. This process runs on a separate track from the criminal case, with its own hearing and its own standard of proof, and a violation of an injunction is itself a criminal offense that can result in additional charges. Understanding how these two processes interact is an important part of navigating a domestic violence case.
How Arrests Are Handled Differently
Florida law takes a notably firm approach to domestic violence arrests. Officers responding to a domestic violence call are generally required to make an arrest if there is probable cause to believe a crime occurred, and once a case is filed, standard no-contact conditions are typically imposed as part of pretrial release. This means a defendant may be temporarily unable to return home or contact family members, even before the case is resolved.
The Impact on Daily Life Before a Case Is Resolved
Beyond the criminal case itself, a domestic violence arrest can immediately disrupt a person’s living situation, access to their own home, and contact with their children, sometimes before any court has determined whether the allegations are true. Navigating these pretrial conditions, including seeking reasonable modifications where appropriate, is an important part of the early representation Attorney Salazar provides, alongside building the defense to the underlying charge itself.
Why These Allegations Often Involve Complicated Dynamics
Domestic violence cases frequently arise from complicated, emotionally charged situations between people who share a history, a home, or a family. Unlike an altercation between strangers, these cases often involve conflicting accounts shaped by an ongoing relationship, prior disputes, and sometimes evolving statements as emotions settle in the days after an incident. Attorney Salazar takes time to understand this full context, rather than treating the case as a simple, isolated event captured in a single police report.
A Defense That Accounts for the Full Picture
Because domestic violence allegations so often arise from disputes with a longer history behind them, Attorney Salazar takes time to understand not just the incident itself but the broader context surrounding it. This fuller picture can reveal details, prior communications, inconsistencies between statements, or context missing from the initial police report, that meaningfully shape how a case should be approached.
Frequently Asked Questions
Can the alleged victim drop domestic violence charges in Florida?
No. Once charges are filed, only the State Attorney’s Office has the authority to drop them, regardless of what the alleged victim wants.
Can a domestic violence charge be expunged later in Florida?
Domestic violence offenses are generally ineligible for sealing or expungement under Florida law, which makes fighting the charge from the outset especially important.
What happens if I am accused of violating a no-contact order?
Violating a no-contact order or domestic violence injunction is itself a separate criminal offense in Florida and can result in additional charges, even if the original case has not been resolved. It is important to strictly follow any court-ordered conditions while your case is pending. If you are facing domestic violence charges in Fort Lauderdale, contact The Salazar Law Firm at (954) 467-1965 to speak with Attorney Michael G. Salazar Jr.
