Florida Domestic Violence Laws and the Challenges of Dismissing Charges
Domestic violence charges in Florida carry serious legal consequences, and many people assume that if the alleged victim wants the case dropped, it will simply go away. Unfortunately, it’s not that simple. Unlike other criminal cases where a victim can choose whether to move forward, Florida law gives prosecutors control over domestic violence charges, meaning the decision to drop the case is not up to the alleged victim. Understanding how domestic violence cases are handled in Florida courts is critical if you or a loved one is facing these charges.
What Constitutes Domestic Violence in Florida?
Florida law defines domestic violence under Florida Statutes § 741.28 as any assault, battery, aggravated assault, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death committed by one family or household member against another.
A "family or household member" includes:
- Spouses and former spouses
- Individuals related by blood or marriage
- Individuals who reside together as a family or who have resided together in the past
- Parents of a child in common, regardless of marital status or cohabitation
Because domestic violence allegations often involve close relationships, emotions can run high, and misunderstandings can lead to legal trouble. However, once law enforcement is involved, the case is largely out of the alleged victim’s hands.
Can the Alleged Victim Drop Domestic Violence Charges?
Many people believe that if the alleged victim tells the police or prosecutor that they don’t want to press charges, the case will be dismissed. That is not how the system works in Florida.
Under Florida Statutes § 741.2901, prosecutors are required to take domestic violence cases seriously, and their policies are designed to discourage victims from feeling pressured into dropping charges. The state attorney’s office has full discretion over whether to pursue or drop a case, regardless of the alleged victim’s wishes.
Even if the victim recants their statement or refuses to testify, prosecutors can still move forward with the case if they believe there is sufficient evidence, such as:
- 911 call recordings
- Photographs of injuries
- Medical reports
- Witness testimony
- Prior incidents of domestic violence
This means that even if the alleged victim has no interest in pursuing charges, prosecutors may continue with the case, especially if they believe the defendant poses a danger to the community.
Reasons Domestic Violence Charges May Be Dropped
While the decision ultimately lies with the prosecution, there are several reasons why domestic violence charges may be dismissed. Some of the most common include:
Lack of Evidence
Prosecutors must prove the case beyond a reasonable doubt. If there is little or no physical evidence, no independent witnesses, and the alleged victim refuses to testify, the case may not be strong enough to proceed.
Alleged Victim Declines to Cooperate
While the prosecution can force a case forward, a victim’s lack of cooperation can make it difficult to secure a conviction. If the state has little evidence beyond the victim’s testimony and the victim refuses to appear in court, the charges may be dismissed.
Conflicting Statements
If the alleged victim’s statements to police, in court filings, and on the witness stand contradict each other, the credibility of the case may be undermined, giving the defense an opportunity to argue for dismissal.
Self-Defense Claims
If the defendant can present credible evidence that they were acting in self-defense, the prosecution may decide not to move forward. Self-defense is a valid legal defense under Florida Statutes § 776.012.
Unlawful Arrest or Violation of Rights
If law enforcement officers violated constitutional rights by conducting an unlawful search, failing to read Miranda rights, or making an arrest without probable cause, the case may be thrown out.
Diversion Programs
In some cases, first-time offenders may be eligible for a pretrial diversion program. If the defendant completes anger management, counseling, or community service, the charges may be dismissed. However, domestic violence diversion programs are not as widely available as they are for other offenses.
The Role of No-Contact Orders
A no-contact order is almost always issued after a domestic violence arrest. This prevents the accused from contacting the alleged victim directly or indirectly. Violating a no-contact order can result in additional criminal charges and harsher penalties.
Even if the alleged victim wants to lift the no-contact order, they must go through the court. Until the judge formally modifies the order, any contact—even if invited—can lead to further legal trouble.
Penalties for Domestic Violence Convictions in Florida
Domestic violence charges carry harsh penalties, even for first-time offenders. Depending on the severity of the offense, a conviction can lead to:
- Up to one year in jail for misdemeanor domestic battery
- Up to five years in prison for a third-degree felony
- A mandatory minimum of five days in jail if the offense involved bodily harm
- Probation, fines, and court-ordered counseling
- Loss of firearm rights under federal law
- Permanent criminal record, which cannot be sealed or expunged
A conviction can also impact child custody, employment, and immigration status. This is why fighting domestic violence charges aggressively is so important.
What to Do If You Are Facing Domestic Violence Charges in Florida
If you have been arrested for domestic violence, taking immediate action can make a difference in your case. Here are a few critical steps:
- Follow Court Orders – Do not violate no-contact orders or any pretrial conditions set by the judge.
- Avoid Speaking to the Alleged Victim About the Case – Even if the alleged victim wants to work things out, discussing the case can lead to unintentional violations.
- Gather Evidence – If you have texts, emails, or witness statements that support your defense, save them for your attorney.
- Do Not Speak to Police Without a Lawyer – Anything you say can and will be used against you. The best approach is to remain silent until your attorney is present.
- Request a Strong Defense Strategy – There may be legal grounds to challenge the arrest, dispute the evidence, or negotiate for dismissal.
Every case is different, but with a solid defense, there is a chance that the charges could be reduced or dismissed.
Florida Domestic Violence FAQs
Can domestic violence charges be dropped if the victim doesn’t want to press charges?
No. The prosecutor has the sole authority to drop or proceed with the case. Even if the victim requests dismissal, the state can continue prosecution based on other evidence.
What happens if the alleged victim refuses to testify in a Florida domestic violence case?
If the victim refuses to testify, the prosecution may still use other evidence to build their case. However, if their testimony is crucial and they refuse to cooperate, the case may be dismissed.
Can self-defense be used as a defense against domestic violence charges?
Yes. If there is credible evidence that the accused acted in self-defense, it can be a valid legal argument. Florida’s self-defense laws allow individuals to use reasonable force to protect themselves from harm.
Can a domestic violence conviction be removed from my record in Florida?
No. Domestic violence convictions cannot be sealed or expunged under Florida law. This is why it’s critical to fight the charges before they result in a conviction.
What is a no-contact order in a Florida domestic violence case?
A no-contact order prohibits the accused from communicating with the alleged victim in any way. It remains in place until modified by a judge, even if the victim wants contact.
What are the penalties for a first-time domestic violence conviction in Florida?
A first-time domestic battery conviction can result in jail time, probation, fines, mandatory counseling, and a permanent criminal record. Additional penalties apply if there are injuries or prior offenses.
How can a domestic violence charge be dismissed in Florida?
A case may be dismissed if there is insufficient evidence, conflicting statements, constitutional violations, or a valid self-defense claim. An experienced attorney can review the case for possible dismissal strategies.
Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.