Fort Lauderdale Criminal Attorney Blog
When law enforcement responds to a domestic violence call in Fort Lauderdale, FL, officers often have no choice but to make an arrest — even if the alleged victim doesn’t want to press charges. This is due to Florida’s mandatory arrest statute, one of the most stringent in the nation. Understanding how this law works is critical if you or someone you love faces domestic violence allegations.
As a Fort Lauderdale criminal defense lawyer with extensive experience in domestic violence cases, I’ve seen firsthand how these mandatory arrest laws can transform a family dispute into a criminal case with serious, long-lasting consequences. Here, we’ll explain Florida’s mandatory arrest requirements, what they mean for those accused, and why experienced legal representation is essential.
What Is Florida’s Mandatory Arrest Law?
Florida Statute § 741.29 establishes the state’s mandatory arrest policy for domestic violence incidents. This law doesn’t remove the probable cause requirement, but it does compel officers with probable cause to believe an act of domestic violence has been committed to make an arrest, regardless of whether the alleged victim wants to pursue charges.
The statute defines domestic violence under Florida Statute § 741.28 as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.
“Family or household members” includes:
- Spouses or former spouses
- Persons related by blood or marriage
- Persons currently residing together as a family or who have resided together in the past
- Persons who are parents of a child in common, regardless of whether they have been married or have lived together
When Must Officers Make an Arrest?
Under Florida Statute § 741.29(2), a law enforcement officer must arrest and take a person into custody when:
- The officer has probable cause to believe that the person has committed an act of domestic violence
- The officer reasonably believes that the person poses a threat to the victim or others
Importantly, the officer does not need to witness the violence firsthand. The statute specifically states that the arrest may be made even if the violence did not occur in the officer’s presence, provided probable cause exists. This is a significant departure from arrest requirements for many other types of misdemeanor offenses.
The “Primary Aggressor” Determination
One of the most critical aspects of Florida Statute § 741.29 is the requirement that officers identify the “primary aggressor” rather than simply arresting both parties when mutual violence is alleged. Florida law recognizes that in some domestic disputes, both parties may have engaged in physical contact, but one person is the predominant aggressor.
Florida Statute § 741.29(4) requires officers to consider several factors when determining the primary aggressor:
- The history of domestic violence between the parties
- The relative severity of injuries inflicted on each person
- The likelihood of future injury to each person
- Whether one of the parties acted in self-defense
- Prior calls for assistance from the household
As a Broward criminal defense lawyer, I’ve handled numerous cases where the “wrong” person was arrested because officers were flawed in their primary aggressor analysis. This is why it’s critical to have an experienced domestic violence defense attorney who can challenge the basis for the arrest and investigate what really happened.
Probable Cause: A Low Standard
It’s important to understand that “probable cause” is a relatively low legal standard. Officers only need to have “reasonable grounds” to believe a crime was committed. It can’t be based merely off a hunch, but they don’t need proof beyond a reasonable doubt, which is the standard required for a criminal conviction. Their conclusion, however, must be based on observable, factual evidence and circumstances.
In practice, this means that officers will make a Fort Lauderdale domestic violence arrest based on:
- Statements from the alleged victim
- Visible injuries (even minor ones like redness or scratches)
- Witness statements
- Signs of a struggle (overturned furniture, broken items)
- Emotional demeanor of the parties
Officers are trained to look for indicators of domestic violence, and in many jurisdictions including Broward County, they face pressure to make arrests rather than risk liability for failing to act. This results in situations where individuals are arrested even when the evidence is weak or contradictory.
Consequences of a Mandatory Arrest
Being arrested under Florida’s mandatory arrest statute triggers immediate and serious consequences:
Automatic No-Contact Orders
Florida law requires judges to impose a no-contact order as a condition of pretrial release in domestic violence cases under Florida Statute § 741.29(7). This order prohibits the accused from having any contact with the alleged victim—no phone calls, texts, emails, or in-person contact. Violating this order is a separate criminal offense that can result in additional charges and immediate incarceration.
This creates enormous hardship for families, particularly when:
- The parties live together and share housing expenses
- They share children and need to coordinate custody
- The alleged victim wants the charges dropped and contact resumed
- They work together or attend the same school
An experienced Fort Lauderdale criminal defense lawyer can file motions to modify no-contact orders to allow limited communication for legitimate purposes such as child-related matters or property division.
Loss of Firearm Rights
Under both Florida law and federal law (18 U.S.C. § 922(g)(8)), individuals subject to domestic violence injunctions or charged with domestic violence may be prohibited from possessing firearms. If convicted of domestic battery or any misdemeanor crime of domestic violence, you will permanently lose your right to possess firearms under federal law. This can be particularly devastating for law enforcement officers, military personnel, and security professionals whose careers depend on firearm possession.
Immigration Consequences
For non-citizens, a domestic violence conviction can be catastrophic. Domestic violence offenses are considered crimes involving moral turpitude and crimes of violence under immigration law, making them grounds for deportation, inadmissibility, and denial of naturalization. Even a misdemeanor conviction can trigger removal proceedings.
Professional License Issues
Many professional licensing boards in Florida require disclosure of arrests and convictions for crimes of violence. Healthcare professionals, attorneys, teachers, real estate agents, and others with professional licenses may face disciplinary proceedings, suspension, or revocation based on domestic violence arrests or convictions.
Batterer’s Intervention Program (BIP)
Under Florida Statute § 741.281, judges must order completion of a Batterer’s Intervention Program as a condition of probation for anyone convicted of domestic battery. This is a 26-week program (minimum) that typically costs $50 per session. The program is not optional—failure to complete it can result in probation violation and jail time.
Criminal Penalties for Domestic Violence Offenses
The penalties for domestic violence offenses vary depending on the specific charge:
Domestic Battery (Florida Statute § 784.03)
- First offense: First-degree misdemeanor punishable by up to one year in jail and $1,000 fine
- Second or subsequent offense: Third-degree felony punishable by up to five years in prison
- Mandatory minimum of five days in jail if the offense caused bodily harm
Aggravated Battery (Florida Statute § 784.045)
- Second-degree felony punishable by up to 15 years in prison
- Involves great bodily harm, permanent disability, permanent disfigurement, or use of a deadly weapon
Domestic Battery by Strangulation (Florida Statute § 784.041(2))
- Third-degree felony punishable by up to five years in prison
- Involves knowingly and intentionally impeding normal breathing or circulation of blood by applying pressure on the throat or neck or blocking the nose or mouth
Assault or Aggravated Assault
- Assault: Second-degree misdemeanor (60 days jail, $500 fine)
- Aggravated assault: Third-degree felony (up to five years prison)
The Alleged Victim Cannot “Drop the Charges”
One of the most common misconceptions about domestic violence cases is that the alleged victim can simply “drop the charges.” Unfortunately, this is not how the Florida criminal justice system works.
Once an arrest is made under the mandatory arrest statute, the decision to prosecute lies entirely with the State Attorney’s Office—not the alleged victim. In Broward County, the State Attorney’s Office has a specialized Domestic Violence Unit that aggressively prosecutes these cases, often even when the alleged victim recants, refuses to cooperate, or asks that charges be dismissed.
Prosecutors may proceed with the case using:
- Police reports and officer testimony
- 911 call recordings
- Photographs of injuries or property damage
- Medical records
- Witness statements
- Prior statements made by the alleged victim (even if they later recant)
Additionally, if the alleged victim is subpoenaed and refuses to testify, the court can hold them in contempt. However, a skilled Fort Lauderdale criminal defense lawyer can often negotiate with prosecutors when the alleged victim is uncooperative or when the evidence suggests the case should be resolved without a conviction.
Defenses to Domestic Violence Charges
Despite Florida’s mandatory arrest law, there are numerous defenses available in domestic violence cases. An experienced criminal defense lawyer will investigate your case thoroughly and may assert defenses including:
Self-Defense and Defense of Others
Under Florida Statute § 776.012, you have the right to use reasonable force to defend yourself against imminent unlawful force. If you were acting in self-defense or defending someone else from harm, you may have a complete defense to the charges. This is particularly relevant when officers arrest the wrong person or fail to properly identify the primary aggressor.
False Accusations
Unfortunately, false allegations of domestic violence are common, particularly in contentious divorce or child custody situations. Accusers may fabricate or exaggerate incidents to gain leverage in family court proceedings. Your attorney can investigate the circumstances surrounding the allegations, examine the accuser’s credibility, and present evidence of motive to lie.
Lack of Evidence or Insufficient Probable Cause
The state must prove every element of the offense beyond a reasonable doubt. If the evidence is weak, inconsistent, or contradictory, your attorney can challenge the sufficiency of the state’s case and may succeed in having charges reduced or dismissed.
Mutual Combat
In some cases, both parties engaged in mutual combat rather than one person being the clear aggressor and the other the victim. While this doesn’t necessarily provide a complete defense, it can be relevant to negotiations with prosecutors and may result in reduced charges or alternative resolutions.
Accident
Domestic violence requires intentional conduct. If any injury or contact was purely accidental, this provides a defense to the charges.
The Importance of Early Legal Intervention
If you’ve been arrested under Florida’s mandatory arrest statute, time is critical. Early intervention by a skilled Fort Lauderdale criminal defense lawyer can make the difference between a conviction that follows you for life and a favorable resolution that protects your future.
Your attorney should immediately:
- Investigate the circumstances of your arrest and identify any legal defenses
- Gather evidence supporting your version of events, including witness statements, photographs, text messages, and other documentation
- File motions to modify no-contact orders to allow necessary communication
- Negotiate with prosecutors to seek dismissal, reduction of charges, or alternative resolutions
- Prepare a strong defense strategy if the case proceeds to trial
- Advise you on protecting your rights and avoiding actions that could harm your case
Domestic violence cases are among the most serious and complex matters in Florida’s criminal justice system. The mandatory arrest statute means that even minor disputes can escalate into criminal cases with life-altering consequences.
At The Ansara Law Firm, we have extensive experience defending clients against domestic violence charges in Fort Lauderdale and throughout Broward County. We understand the nuances of Florida’s mandatory arrest law, the tactics employed by the Domestic Violence Unit of the State Attorney’s Office, and the defenses that work in these cases.
Our approach includes:
- Thorough investigation of every aspect of your case
- Aggressive advocacy to protect your constitutional rights
- Strategic negotiation with prosecutors to achieve the best possible outcome
- Skilled trial representation when cases cannot be resolved favorably through negotiation
- Personalized attention and clear communication throughout the legal process
Understanding your rights, the legal process, and available defenses is crucial. Whether you’ve been wrongly accused, were acting in self-defense, or were the victim but were arrested instead of the aggressor, an experienced Fort Lauderdale criminal defense lawyer can make all the difference.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
Additional Resources:
More Blog Entries:
“I Didn’t Mean to Hurt Them”: Broward Domestic Violence Defense Lawyer Talks Intent, Nov. 24, 2025, Fort Lauderdale Criminal Defense Lawyer Blog
