Fort Lauderdale Criminal Attorney Blog
Being arrested for domestic violence in Fort Lauderdale can turn your world upside down in a matter of hours. Beyond the immediate shock of arrest and booking, many defendants face a terrifying question: “Will I be able to go home?” The answer isn’t always straightforward, and understanding your rights and options is crucial during this overwhelming time.
The Immediate Reality: What Happens After Arrest
When you’re arrested on domestic violence charges in Broward County, the legal system moves quickly to implement protective measures. Here’s what typically unfolds:
First Appearance Hearing: Within 24 hours of your arrest, you’ll appear before a judge for your first appearance. This isn’t a trial – it’s where the judge will determine your bail conditions and address any immediate safety concerns.
Automatic No-Contact Orders: In most domestic violence cases, the court will issue a no-contact order as a standard protective measure. This order typically prohibits you from:
- Contacting the alleged victim directly or indirectly
- Going to their workplace, school, or other frequented locations
- Returning to a shared residence if the alleged victim lives there
The Home Dilemma: If you and the alleged victim share a home, this creates an immediate housing crisis. Even if your name is on the lease or mortgage, the no-contact order can effectively bar you from your own residence.
Your Housing Options When Barred from Home
Finding yourself suddenly homeless while facing criminal charges adds another layer of stress to an already difficult situation. Here are your immediate options:
- Temporary Accommodations. You may need to stay with family, friends, or in temporary housing while your case is pending. This disruption can last weeks or months, affecting your job, children’s routines, and financial stability.
- Modification Requests. Your attorney can petition the court to modify the no-contact order under specific circumstances. The court may allow supervised contact or permit you to retrieve essential belongings with police escort.
- Alternative Living Arrangements. If you have children together, the court may need to address temporary custody arrangements that allow you to maintain your parental relationship while respecting the protective order.
The Bail Process and Conditions
Your ability to be released from jail depends on several factors that the judge will consider:
Bail Determination. The judge will set bail based on the severity of charges, your criminal history, ties to the community, and perceived flight risk. Domestic violence cases often involve higher bail amounts due to safety concerns.
Conditions of Release. Beyond paying bail, you’ll likely face strict conditions including:
- Mandatory anger management or domestic violence counseling
- Alcohol or drug testing if substances were involved
- GPS monitoring in some cases
- Prohibition from possessing firearms
Violation Consequences. Violating any condition of your release can result in immediate re-arrest and higher bail, making compliance absolutely critical.
The Broader Impact on Your Life
A domestic violence arrest creates ripple effects that extend far beyond the courtroom:
- Employment Concerns. Many employers conduct background checks, and an arrest (even without conviction) can jeopardize your job. Professional licenses may also be at risk.
- Child Custody Issues. If you have children, temporary custody arrangements may be necessary. The Department of Children and Families might become involved, adding another layer of complexity.
- Financial Strain. Between bail, attorney fees, temporary housing costs, and potential lost wages, the financial burden can be overwhelming.
- Relationship Dynamics. Even if you and the alleged victim want to reconcile, the legal system’s protective measures can make communication and resolution challenging.
