After a Florida domestic violence arrest, the case may move forward even if the reporting person asks for charges to be dropped. Prosecutors decide whether to file or continue state charges, and court orders must be followed.
At the scene and first appearance
Follow lawful instructions, provide required identifying information, and do not resist. You may say that you wish to remain silent about the incident and want legal counsel. Do not assume every call leads to arrest or that the person who called police controls the prosecution. A judge may set release conditions at first appearance, including no contact and restrictions on returning home. Get and read the written order.
Protect evidence without contact
Preserve messages, photos, video, medical records, and names of witnesses through lawful means. Do not delete material, pressure a witness, or ask another person to contact someone protected by an order. Even if the protected person invites contact, an order remains binding until the court changes it. Discuss any shared children or property arrangements with counsel and use authorized channels.
Florida’s domestic violence definition covers specified conduct and relationships. The charge, evidence, and possible separate injunction require individual review. Roy J. Kahn, P.A. handles Miami criminal defense matters. No outcome is guaranteed.
This is general information, not legal advice.
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