If you’ve been arrested for domestic violence in Florida, you may be feeling anxious, embarrassed, and unsure of what to do next. These cases move fast, often before all the facts are clear. What you do in the hours and days following your arrest can have a major impact on how your case unfolds.
We’ve helped countless clients navigate this process and protect their rights from the very start. This guide explains the immediate steps to take after a domestic violence arrest including what to say, how bond hearings work, what no-contact orders mean, and why early legal representation can make all the difference.
Understanding What Happens After a Domestic Violence Arrest
Under Florida law (§741.28–§741.283), domestic violence includes any assault, battery, stalking, kidnapping, or other criminal offense resulting in physical injury or death of a family or household member by another family or household member.[1] Police officers in Florida have the authority to make an arrest without a warrant if they believe there is probable cause that domestic violence has occurred.
Once arrested, the accused is typically taken to jail and held until their first appearance before a judge, which usually happens within 24 hours. During that hearing, the judge determines whether to grant bond and may issue a no-contact order as a condition of release.
It’s important to understand that even if the alleged victim does not want to press charges, the state attorney’s office can still move forward with prosecution. Once the case is filed, the decision to drop charges belongs to the state, not the alleged victim.
Domestic violence cases are taken seriously, and early mistakes, even unintentional ones, can make your situation worse. That’s why knowing what to do right away is so important.
Step One: Exercise Your Right to Remain Silent
After an arrest, your instinct might be to explain what happened or try to clear things up with the police or your accuser. Don’t. Anything you say, even if you believe it’s harmless, can be used against you in court.
You have the constitutional right to remain silent. Use it. Politely tell law enforcement that you are invoking your right to counsel and will not be answering questions without your attorney present.
Avoid discussing the incident with anyone else, including friends or family. Conversations made outside of your attorney’s office are not privileged and can be subpoenaed later. The safest approach is to communicate only through your lawyer.
Step Two: Contact an Experienced Domestic Violence Defense Attorney
As soon as possible, contact a qualified domestic violence defense attorney. Early representation allows your attorney to review the arrest report, evaluate whether probable cause existed, and begin preparing your defense strategy immediately.
A defense attorney can also reach out to the prosecutor’s office before formal charges are filed. This step can make a significant difference, in some cases, presenting mitigating evidence or clarifying misunderstandings early may lead to reduced or dismissed charges.
Your attorney’s role also includes explaining the conditions of your release, protecting your rights during questioning, and ensuring you understand every stage of the legal process. Having professional representation from day one is one of the most effective ways to protect your future.
Step Three: Understand No-Contact Orders and Bond Conditions
Most judges issue an automatic no-contact order after a domestic violence arrest. This order prohibits you from contacting the alleged victim directly or indirectly, including through phone calls, texts, emails, social media, or third parties. It may also require you to stay away from shared homes, workplaces, or schools.
Violating this order, even accidentally, can result in additional criminal charges, bond revocation, and jail time. If you share a residence or have children together, this situation can be complicated.
Your defense attorney can file a motion to modify or lift the no-contact order if appropriate. Courts sometimes allow no-violent-contact modifications when both parties request it and the alleged victim supports the change. However, these requests must be handled carefully and through proper legal channels, never through direct contact.
Bond conditions may also include restrictions such as surrendering firearms, avoiding alcohol, or attending counseling. Understanding and following these terms is essential to staying in compliance and avoiding further legal issues.
Step Four: Preserve Evidence and Witness Information
The moments immediately following an arrest are critical for gathering evidence that can support your defense. Domestic violence cases often rely on conflicting stories and limited physical proof. Preserving your version of events can be the key to building a strong case.
Your attorney may ask you to:
Save text messages, emails, or voicemails that show context or intent.
Write down your recollection of events as soon as possible.
Identify witnesses who were present or who can attest to your character.
Document any injuries or damage that occurred on either side.
Do not share this information with anyone except your attorney. Evidence should be handled privately and strategically to avoid it being misinterpreted or used against you later.
Step Five: Prepare for Your First Court Appearance
Your first appearance before a judge, often called a magistrate hearing, typically happens within 24 hours of arrest. At this hearing, the judge:
Reviews the arrest affidavit.
Determines whether probable cause existed.
Sets bond and release conditions.
Issues or confirms a no-contact order.
If you already have an attorney, they can argue for your release on reasonable terms and present evidence about your employment, community ties, and lack of prior criminal history. These factors can help secure a lower bond or less restrictive conditions.
After this initial hearing, your case will be assigned to a division for arraignment and pretrial proceedings. Having a lawyer engaged from the start means they can immediately begin requesting discovery, reviewing police reports, and identifying opportunities for early intervention or dismissal.
Why Early Legal Representation Matters
Many people arrested for domestic violence make the mistake of waiting to hire an attorney, assuming things will “work themselves out.” Unfortunately, this often leads to worse outcomes.
When you act quickly, your attorney can:
Contact the prosecutor before formal charges are filed.
Present mitigating evidence or highlight inconsistencies.
Protect you from further mistakes, such as violating bond conditions.
Begin investigating immediately while evidence and memories are still fresh.
Even if you believe the situation is a misunderstanding, it’s best to let an attorney handle all communication. An experienced defense lawyer knows how to navigate the system, identify weaknesses in the prosecution’s case, and work toward the best possible resolution.
Protecting Your Rights and Future
Being arrested for domestic violence doesn’t mean you are guilty. Many cases stem from misunderstandings, emotional arguments, or false accusations. Florida’s legal process gives you the right to defend yourself and tell your side of the story, but you need to do it through the proper channels.
At Lindsay Chase Law Firm, we’ve spent more than a decade helping clients protect their rights in domestic violence cases throughout Florida. We understand the stress and uncertainty that come with an arrest, and we act quickly to guide you through every step, from bond hearings to trial preparation.
If you or someone you know has been arrested for domestic violence, don’t wait to get help. The sooner you act, the stronger your defense can be.
Call 954-737-0820 today for a confidential consultation. Our team is ready to help you understand your options, protect your rights, and move forward with confidence.
Citations
[1] Florida Statutes §741.28–§741.283 – Domestic Violence; Definitions; Arrests; Penalties. https://www.flsenate.gov/Laws/Statutes/2024/Chapter741
