What Happens After a DV Arrest in Fort Lauderdale, FL?

An arrest for domestic violence, often referred to as a DV arrest, can have immediate and far-reaching consequences. Whether it stems from a heated argument or a misunderstanding that spiraled, the accusation alone carries serious weight. You might be facing intense scrutiny, strained relationships, and uncertainty about what comes next. And while the legal system is designed to protect alleged victims, it’s also built on the principle that every accused person has rights, and those rights matter from the moment handcuffs are placed on your wrists.

If you’ve been through a DV arrest in Fort Lauderdale, it’s important to know what to expect in the days and weeks ahead. This isn’t just about understanding the process; it’s about preparing yourself to make informed decisions that protect your future.

Defining Domestic Violence Under Florida Law

In Florida, “domestic violence” is more than just a heated argument. It’s a legal term that covers a wide range of offenses committed against a family or household member, including a spouse, former spouse, person with whom you share a child, or someone with whom you have a significant romantic relationship.

Under Fla. Stat. § 741.28, domestic violence includes:

• Assault or aggravated assault
• Battery or aggravated battery
• Sexual assault or sexual battery
• Stalking or aggravated stalking
• False imprisonment
• Any other criminal offense resulting in physical injury or death to a household or family member

Even simple assault can be treated as domestic violence if it occurs between household members. And because these cases are taken very seriously in Broward County, the legal consequences are often more severe than for similar charges involving non-domestic disputes.

What Happens Immediately After a DV Arrest

A DV arrest in Fort Lauderdale typically follows a call to law enforcement alleging domestic abuse, assault, or another crime involving a family or household member. Once officers arrive, they assess the situation and may arrest someone even without a warrant if they believe a crime occurred.

Booking and Initial Custody

After an arrest, you’ll be taken into custody, booked, and held — often without immediate eligibility for bond until you see a judge. During booking, you’ll be fingerprinted, photographed, and entered into the system. What you say during this time can be used against you later, so it’s best to remain polite but avoid discussing the incident without legal counsel.

The “No Contact” Condition

In most domestic violence cases, the court will impose a no-contact order as a condition of your pretrial release under Fla. Stat. § 903.047(1)(b). This is a criminal court order, meaning you are prohibited from contacting the alleged victim in any way directly, indirectly, or through third parties while the case is pending.

The court may also consider issuing a civil Injunction for Protection Against Domestic Violence under Fla. Stat. § 741.30, which is separate from the criminal order but often sought at the same time. Violating either order can lead to new criminal charges, revocation of bond, and potential jail time.

The First Court Appearance: Bond and Protective Orders

Within 24 hours of your arrest, you’ll attend a first appearance hearing before a judge. During this hearing, the judge will:

• Review the charges filed against you
• Decide whether to set bond and under what conditions
• Consider issuing or extending a restraining order

The court may issue a temporary restraining order if it believes the alleged victim is at risk. These orders can prohibit you from returning to your home, contacting the alleged victim, or seeing your children, even before any criminal charges are proven.

The Role of the Prosecutor and Filing of Charges

After your first appearance, the case is turned over to the State Attorney’s Office in Broward County. Prosecutors decide whether to formally file domestic violence charges, and their decision doesn’t depend solely on whether the alleged victim wants to proceed. Even if the person involved wants to drop the accusation, the state may continue the case if it believes there is enough evidence.

At this stage, having a Florida domestic violence lawyer on your side is vital. A skilled lawyer can present evidence, witness statements, or other information to the prosecutor that could influence whether charges are filed or reduced.

Possible Charges and Penalties in Domestic Violence Cases

Domestic violence charges in Florida vary widely based on the severity of the incident and whether physical or mental injury occurred. Some common charges include:

• Simple Assault or Battery. A misdemeanor offense punishable by up to one year in jail.
• Aggravated Assault or Aggravated Battery. A felony offense if a deadly weapon was used or the victim suffered serious bodily injury.
• False Imprisonment. A felony if someone was unlawfully confined or restrained.
• Aggravated Stalking. A felony if the person commits stalking in violation of a restraining order or makes a credible threat.
• Child Abuse or Aggravated Child Abuse. Severe penalties if a child’s basic needs were neglected or a physical or mental injury was inflicted.

Convictions can lead to jail time, probation, mandatory counseling, loss of firearm rights, and a permanent criminal record that affects employment, housing, and even child custody.

False Allegations and the Importance of a Defense Strategy

Not every domestic violence allegation reflects what truly happened. Disputes over custody, retaliation after a breakup, or misunderstandings during heated arguments can lead to false accusations. Unfortunately, even wrongful domestic violence allegations can damage your reputation, your career, and your relationships long before a verdict is reached.

Your defense lawyer may build a defense strategy that includes:

• Challenging the credibility of the alleged victim’s statement
• Presenting evidence that contradicts the prosecution’s timeline
• Showing there was no intent to cause bodily harm or that the incident was accidental
• Demonstrating that the allegation was motivated by another legal dispute, such as a family law case

In some cases, charges have been successfully defended because evidence showed that the alleged abuser acted in self-defense or that the event did not meet the legal definition of a criminal offense under Fla. Stat. § 784.03.

Long-Term Consequences of a Conviction

A domestic violence conviction reaches far beyond the courtroom. It can lead to:

• A permanent restraining order
• Loss of firearm ownership rights
• Barriers to employment, housing, and professional licensing
• Restrictions on parenting time or loss of custody
• Immigration consequences, including deportation for non-citizens

Even if the alleged victim suffers no physical injury, a conviction can still carry severe penalties if the court finds intentional causing of harm or threats of violence.

What You Can Do Next

The legal system surrounding domestic violence law is complex, and the stakes are high. Whether you are accused of aggravated battery, sexual assault, or another criminal offense resulting from a domestic dispute, your decisions in the first days after an arrest can shape everything that follows. Seeking legal representation quickly allows your Fort Lauderdale criminal defense attorney to gather evidence, protect your rights, and address the charges before they escalate.

Take Action Before the Case Builds Against You

Facing domestic violence charges is one of the most difficult experiences you can go through. Prosecutors move fast, evidence can disappear, and the court’s decisions in the first few days can affect your freedom, your relationships, and your future.

My name is R. David Williams. I’m a Fort Lauderdale domestic violence attorney. For more than 25 years, I’ve defended clients across South Florida, from Broward County to Miami-Dade, against charges ranging from simple assault to domestic violence abuse. My team understands the complexities of these cases, and we know how to build a strong defense that protects your rights and your reputation.

Call (954) 522-9997 or complete the confidential online form to schedule your free initial consultation. Your future is worth fighting for, and the time to act is now.

Knowledge | Experience | Integrity – R. David Williams

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The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Law Offices of R. David Williams, P.A.
15 Southwest 10th Street
Fort Lauderdale, FL 33315
(954) 522-9997
https://dwilliamslaw.com/