If a family member or significant other reports you for domestic violence, it’s likely you will be arrested as a result. Domestic violence charges in Florida are taken seriously, and even an accusation without solid evidence can still be grounds for arrest.
Our Daytona Beach domestic violence lawyers at Hager & Schwartz, P.A. can explain what occurs in the immediate aftermath of a domestic violence arrest in Florida.
What Triggers a Domestic Violence Arrest in Florida?
Under Florida law, domestic violence is not considered a standalone charge; it encompasses a category of offenses committed against a family or household member. This includes spouses, former spouses, individuals related by blood or marriage, people who currently or previously lived together, and those who share a child in common.
An arrest may occur when you are suspected of committing a criminal offense that leads to physical injury or death to someone in this category.
Common crimes include:
- Battery
- Assault
- Stalking
- False imprisonment
What Happens at the Scene
When officers respond to a domestic violence call, they are trained to evaluate each person’s account separately. This helps minimize potential influence or intimidation between the parties. Officers assess the scene, look for signs of physical injury, examine the emotional states of those involved, and may take photographs or collect physical evidence.
They will file a report summarizing their observations, including any visible injuries, witness statements, and the reasons for any arrest decision. Importantly, an arrest can be made even without the alleged victim’s consent or cooperation.
Arrest and Booking Process
A domestic violence arrest can occur swiftly, often in emotionally charged and confusing circumstances. In Florida, law enforcement is obligated to take domestic violence allegations seriously, and in many cases, officers are required to make an arrest when certain conditions are met.
If arrested, you are taken into custody and transported to the local jail or police station. There, the booking process begins. This step will involve recording your personal and identifying information, taking fingerprints and photographs, and formally entering the initial charges into the system.
You will remain in custody until you appear before a judge, usually within 24 hours, for an initial hearing to determine bond and any release conditions.
First Court Appearance
During this hearing, the judge will inform you of the charges filed, explain your constitutional rights, and decide whether to set bond (the amount of money required to be released from jail) or deny it altogether, depending on the circumstances.
From here, you may be offered release on your own recognizance or with bail. If released on your own recognizance, that means that you agree to attend all future hearings as necessary in exchange for your release from custody.
If released on bail, you must pay a certain amount of money before release. This payment incentivizes you to attend court as needed and comply with the rules during your pending case. In severe cases, you may be held in jail without the opportunity for release.
Related Article: Can a Victim of Domestic Violence Drop Charges in Florida?
Restraining Order
It’s common for a restraining order, or injunction, to be granted after a domestic violence arrest. This is true regardless of whether the defendant is found guilty.
A restraining order is typically issued at the first court appearance and prohibits you from having any form of communication with the alleged victim. This includes direct contact, such as speaking in person or making a call, as well as indirect contact through texts, emails, letters, or even messages relayed by friends or family.
These orders can also include stay-away provisions, requiring you to avoid the protected person’s home, workplace, vehicle, or other frequent locations.
If you and the protected person live together or share children, the implications can be especially disruptive, forcing one party to leave the home, adjust child custody arrangements, or find alternative living situations with very little notice.
Violating an injunction is a separate criminal offense, and the consequences are severe. Even a single text or accidental run-in at a shared location can lead to arrest, additional charges, and harsher penalties. Prosecutors and judges often treat these violations as signs of disregard for the law, which can make defending the original domestic violence charge even more difficult.
Your Legal Rights After an Arrest
In the aftermath of a domestic violence arrest, emotions can run high, and decisions are often made under pressure. However, it is during these early moments that protecting your legal rights becomes essential. Whether you are entirely unfamiliar with the justice system or have had previous legal encounters, understanding what you can and should do can make a difference.
You Have the Right to Remain Silent
One of the most important rights you have is the right to remain silent. This means you are not obligated to answer questions from law enforcement, and in most situations, you shouldn’t. Anything you say can be used as evidence against you, even if your intentions are innocent or you’re trying to “clear things up.”
Officers may press for details or explanations, but you are entirely within your rights to politely decline until you’ve spoken with an attorney.
Silence is not an admission of guilt; it’s a strategic and legal safeguard. Exercising this right often prevents misunderstandings or misstatements from being misinterpreted or taken out of context.
You Have the Right to an Attorney
Equally vital is your right to legal counsel. If you’ve been arrested, you have the constitutional right to consult with a lawyer before answering questions or making any statements. A defense attorney can protect your rights, help you understand the charges, and begin building a strong defense.
Navigating police interviews or legal paperwork on your own can be risky. Without guidance, you may unwittingly waive important rights or provide information that could later be damaging in court. That’s why the best course of action is to request an attorney immediately and say nothing until they arrive.
Preparing Your Defense
If you are accused of domestic violence in Daytona Beach, work with an experienced domestic violence attorney to prepare your case. It is essential to begin as early as possible, as this will provide sufficient time to build a robust defense.
A domestic violence arrest can feel like the system is already stacked against you, but it’s important to remember that an arrest is not a conviction. What happens next largely depends on how quickly and effectively your defense is built. The sooner you engage an experienced attorney, the stronger your position will be.
Challenging the Arrest and Protecting Your Rights
One of the first steps a skilled defense attorney takes is to review the circumstances surrounding your arrest. Were your rights violated during questioning? Is the evidence adequate to justify the charges? Did law enforcement follow proper procedures?
Any misstep—regardless of how minor—could open the door to challenging the case in court or negotiating for a more favorable outcome.
As former prosecutors, we know how to scrutinize every detail because we understand how the state constructs its case—and how to dismantle it.
Building a Strategic, Evidence-Based Defense
From the moment you engage our firm, we start preparing your defense. This entails gathering crucial evidence, securing surveillance footage (if available), reviewing police reports for inconsistencies, and interviewing witnesses whose accounts may contradict or clarify the incident. Each case is distinct, and a one-size-fits-all approach won’t suffice. We will tailor our strategy to fit the specific facts, your unique circumstances, and the available opportunities under the law.
Exploring All Possible Outcomes
While many individuals fear the worst after an arrest, options are often available that can prevent a conviction entirely. Depending on the case, this may include pretrial diversion programs, which allow you to meet specific conditions in exchange for charges being dropped. In other situations, we might pursue a reduction in charges, negotiate for lesser penalties, or advocate for a complete dismissal if the evidence fails to support the charges.
Domestic Violence Defense Attorneys in Florida
Don’t wait for things to escalate. The early stages of a domestic violence case are often the most critical, and having a defense lawyer by your side can make a difference. Whether you’re facing a first-time arrest or dealing with the fallout of a restraining order, we can help you navigate the process with clarity, compassion, and confidence.
If you have recently been charged with domestic violence in Daytona Beach, reach out to our attorneys at (386) 888-7403. We can help you seek a favorable outcome for your case.
Related Article: Is Verbal Abuse Considered Domestic Violence?
