A domestic violence arrest changes things fast. One night, you’re at home. The next morning, you’re in custody, you’ve been booked on a criminal charge, and you may already have a no-contact order keeping you from your own house. The decisions you make in the first few days after an arrest shape how the case unfolds for months, and the most important one is usually this: get a domestic violence defense attorney involved before the case goes any further.
The Law Offices of Joseph M. Corey, Jr., based in Hialeah and serving Miami-Dade, Broward, Monroe, and Palm Beach Counties for over 40 years, handles domestic violence defense alongside the firm’s broader family law and criminal defense practice. The firm represents both accused individuals and those seeking protection in domestic violence matters, on both the civil and criminal sides.
How Florida Treats Domestic Violence Charges
How Florida Treats Domestic Violence ChargesFlorida treats domestic violence as a top-priority offense, backing that up with mandatory arrest laws, dedicated prosecutors, and penalties that exceed those for most misdemeanors. In the last full year of Uniform Crime Report records, 106,615 domestic violence cases were reported to Florida law enforcement, and 63,217 arrests were made statewide. That gap between reports and arrests reflects the discretion officers and prosecutors exercise in these cases—and it’s where defense counsel can make the biggest difference early on.
Florida defines domestic violence broadly. It includes physical injury or death of a family or household member by another family or household member, as defined in Section 741.28 of the Florida Statutes, and includes assault, battery, aggravated assault, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, and false imprisonment. Family or household means spouses, former spouses, persons related by blood or marriage, persons who have previously or currently shared a household as a family, or persons who share a child in common.
The scope of that definition is important. A dispute involving heated words or gestures that is resolved through a single touch can turn into a battery charge. A threatening text message can escalate to aggravated stalking. Many people accused of domestic violence in Florida don’t realize that the standard for what constitutes domestic violence in the Sunshine State is lower than they would like to think.
What Happens After a Domestic Violence Arrest
In Florida, most domestic violence calls are covered by a mandatory arrest policy. Once officers arrive and have probable cause that a domestic violence crime took place, they must make an arrest, even if the alleged victim does not wish to press charges.
After arrest, a defendant is generally brought before a judge within 24 hours for a first appearance hearing at which bond is set and a no-contact order is almost always issued—unless the judge decides otherwise—to prevent the defendant from contacting the alleged victim. The order stands even if both parties want to resume contact, even if they live together, and even if children are involved. A failure to comply with the no-contact order is a new crime.
The State Attorney’s office then determines if a formal charge will be filed. This is the first window in which a defense lawyer’s early involvement is important. The State Attorney determines whether to file, what to file, and the aggressiveness of the case. If a defense attorney is able to reach the State Attorney’s office prior to the formal filing of charges, they can sometimes provide information that alters the decision to file charges, limits the charges, or causes them not to be filed at all.
The Consequences of a Domestic Violence Conviction
A Florida domestic violence conviction can carry consequences that reach far beyond the jail time and fines of a typical misdemeanor. All persons convicted of a domestic violence offense are required to attend a Batterers’ Intervention Program at their own expense for a 26-week period in accordance with Florida Statute 741.281. The conviction also creates a permanent criminal record (even if adjudication is withheld) that, in most cases, cannot be sealed or expunged.
In addition to the criminal sentence, a domestic violence conviction can impact employment, professional licensing, child custody and time-sharing agreements, immigration status for non-citizens, and federal gun rights pursuant to the Gun Control Act’s Lautenberg Amendment. A domestic violence charge can end a career for service members, healthcare workers, teachers, federal employees, and anyone in a licensed profession.
The penalty for misdemeanor domestic battery is up to one year in jail, up to one year of probation, and attendance in the Batterers’ Intervention Program. Felony domestic violence offenses such as aggravated battery, strangulation, and battery resulting in serious bodily injury have much more severe penalties and can lead to state prison time.
The stakes in these cases are high, which is why a strong defense matters from the moment of arrest.
How a Domestic Violence Defense Attorney Builds the Case
The defense approach to a domestic violence case is entirely dependent on the facts, evidence, and the alleged victim’s story. A seasoned domestic violence defense lawyer will examine various aspects of your case.
Evidence reviewed includes police reports, body camera footage, 911 call recordings, photos, medical records, witness statements, and any physical evidence gathered on scene. A common finding is that the alleged victim’s initial account to officers doesn’t match the versions that come afterward. Body camera footage is especially useful for checking whether their behavior at the scene squares with the formal statement they gave later.
In many circumstances, self-defense and mutual combat are genuine defenses. Florida’s self-defense laws apply in domestic relationships just as they do anywhere else. Injuries on both sides, or facts showing the alleged victim was the initial aggressor, can significantly change the original charge.
In cases that proceed to trial, the credibility of the alleged victim is important. Prior false reports, motive to make false reports (especially in connection with pending divorce, child custody, or immigration proceedings), and inconsistencies in the story are all proper subjects of defense investigation.
Pre-trial motions can also help to shape a case before it goes to a jury. The motion to suppress statements not made under proper Miranda warnings, motion to exclude evidence obtained without warrants, and motion to dismiss the charging document are all common tools for the defense attorney.
Domestic Violence Lawyer Serving Fort Lauderdale, Hialeah, and South Florida
The Law Offices of Joseph M. Corey, Jr. represents clients in domestic violence cases in the Fort Lauderdale and surrounding Broward County area, Hialeah and Miami-Dade County, the Florida Keys and Palm Beach County. The firm’s bilingual staff works in both English and Spanish, which is important in communities throughout South Florida where many clients prefer to discuss the specifics of their case in Spanish.
Every county is a bit different, every State Attorney’s office does things a little differently, every judge has a different style and approach, and every county has its own diversion program, if any, that may be available to first-time offenders. An attorney who appears regularly in South Florida courts will know the local nuances that can affect the outcome of a case.
When to Hire a Domestic Violence Attorney
The first 72 hours after arrest are the most critical, because that’s when key decisions get made: whether to post bond, what the no-contact order terms will be, whether to speak to investigators or give a statement, and whether to accept an early plea offer that almost always undervalues the case.
People accused of domestic violence often make matters worse by trying to handle things on their own in the first few days. They reach out to the alleged victim, in violation of the no-contact order. They make statements to the police without the presence of an attorney. They share information about the case on social media. They accept early plea offers without understanding the consequences. All these decisions can come back to haunt them later.
The one thing you can do after being arrested for domestic violence that will help you the most is to contact a defense lawyer prior to any of those choices being made.
Moving Forward With Your Defense
Moving Forward With Your DefenseThe repercussions of domestic violence charges in Florida are far-reaching and may impact nearly all facets of your life, including your employment, reputation, and relationships. Being charged does not mean, however, that someone is guilty. Often, the early decisions in a case go a long way toward determining its outcome, which is why it’s important to get legal advice as soon as possible.
The Law Offices of Joseph M. Corey, Jr. has been defending people accused of domestic violence in South Florida for over 40 years. The firm offers confidential consultations, where clients can talk about their situation and understand the charges that are being brought against them, as well as what the possibilities are going forward. The firm serves clients in English and Spanish across all four counties—Miami-Dade, Broward, Monroe, and Palm Beach—including Hialeah and Fort Lauderdale.
Domestic violence cases are frequently accompanied by related civil injunction proceedings, and this firm represents clients in both criminal and civil aspects of the cases to ensure clients are represented throughout the entire legal process.
If you have been charged with domestic violence, contact the Law Offices of Joseph M. Corey, Jr. at (305) 557-1750 or online to schedule a consultation. The sooner an attorney is engaged, the greater the likelihood that actions can be taken to safeguard your rights and put together the best possible defense.