Domestic Violence Arrests and Police Response in Florida
What survivors in Florida can generally expect when domestic violence is reported to police.
Police Response and Domestic Violence Charges in Florida
This page gives general information about how police and prosecutors in Florida may handle domestic violence situations. It is not legal advice. Laws and local practices can change, and experiences can be different from one county to another.
When Someone Calls 911 About Domestic Violence in Florida
When a 911 call about domestic violence is made in Florida, the dispatcher usually:
- Asks basic questions about what is happening right now
- Tries to find out if anyone is injured or if weapons are present
- Confirms the location and whether the person can safely stay on the line
Police are typically sent to the location of the call. When officers arrive, they may:
- Separate the people involved to speak with them individually
- Check for visible injuries or signs of a struggle
- Ask about what happened, including any threats or property damage
- Look for weapons or items used to cause harm
- Speak with any witnesses, including children old enough to talk
If it does not feel safe to stay when police arrive, it can be okay to tell officers that. They may help with short-term safety steps, such as contacting a local shelter or connecting with advocates by phone.
General Arrest Practices in Florida Domestic Violence Cases
Florida law encourages officers to make an arrest when they believe a crime of domestic violence has happened and they can identify the “primary aggressor.” This does not mean officers must arrest someone every time, but it is common when there is clear evidence of harm or threats.
Officers may consider:
- Who seems to have injuries and how serious they are
- Whether anyone used or threatened to use a weapon
- History of past incidents, if known
- Whether one person appears to have acted mainly in self-defense
Possible immediate outcomes include:
- No arrest, report only: Officers document what happened but do not arrest anyone at that time.
- One person arrested: Officers decide there is probable cause to arrest the person they view as the primary aggressor.
- Both people arrested: Less common, but may occur if officers believe both committed crimes and cannot clearly identify a primary aggressor.
Explaining fears about future harm, known access to weapons, or recent threats can sometimes affect how officers understand the situation. Only share what feels safe to say at that moment.
Police Report vs. Arrest vs. Formal Charges
Three different steps often get confused: the police report, the arrest, and formal criminal charges. They are related but not the same.
Police Report
A police report is a written record of the incident. It may include:
- Names and contact information of the people involved
- Statements taken from each person and from witnesses
- Descriptions of injuries, property damage, or weapons
- Photos, if taken, and other evidence
A police report can exist without any arrest. Officers may forward the report to the State Attorney’s Office (the prosecutor) for review later.
Arrest
An arrest means officers believe they have “probable cause” that a crime occurred and that the arrested person committed it. In Florida domestic violence cases, this often leads to:
- The person being taken to jail
- Booking procedures (fingerprints, photographs)
- A short time in custody before seeing a judge
An arrest is not the same as being found guilty. It is an accusation that starts the criminal process.
Formal Criminal Charges
Formal charges are filed by the State Attorney’s Office, not by the police and not by the survivor. After reviewing the police report and available evidence, the prosecutor may:
- File criminal charges (such as battery, aggravated battery, stalking, or other offenses)
- File different charges than what police listed on the arrest form
- Decide not to file charges at all (“no information” or “decline to prosecute”)
This step usually happens within days or weeks after the arrest, depending on the county and the seriousness of the case.
What Survivors Might See Shortly After an Arrest
First Appearance or Bond Hearing
Someone arrested for domestic violence in Florida is usually held in jail until they appear before a judge, often within 24 hours. This is sometimes called a first appearance or bond hearing. At this hearing, the judge may:
- Set a bond amount or decide the person will stay in custody
- Impose conditions of release, such as no-contact orders
- Schedule future court dates
Survivors are not always required to attend this hearing, but in some places they may be notified and allowed to speak about safety concerns, if they wish and if it feels safe.
No-Contact Orders and Other Conditions
After a domestic violence arrest, the judge often puts a no-contact condition in place as part of the person’s release terms. This can include:
- No direct contact (in person, phone, text, social media)
- No indirect contact (through friends, family, or third parties)
- Staying away from certain places (home, workplace, school)
These conditions are part of the criminal case. Only the court can change or remove them. Even if a survivor wants contact, the accused person can be arrested for violating the court’s order.
If you have questions about what a no-contact order allows or prohibits, it may help to speak with a local advocate or a Florida lawyer. This page cannot give legal advice.
How the Prosecutor’s Office Becomes Involved
In Florida, the State Attorney’s Office (prosecutor) represents the State of Florida, not any individual person. After police send the report, the prosecutor reviews:
- The written reports and any photos or recordings
- Witness statements
- Any medical records or other evidence that may be available
The prosecutor then decides whether to file charges, what charges to file, and how to move the case forward. A survivor may be asked to give more information, provide documents, or appear for a deposition or hearing later in the process.
Why Survivors Do Not Control Whether Charges Are Dropped
It can be confusing or frustrating to learn that a survivor does not control whether a case continues. In Florida:
- Only the prosecutor (and sometimes the judge) can decide to drop or “dismiss” charges.
- A survivor can share views with the prosecutor but cannot guarantee an outcome.
- The prosecutor may continue the case even if a survivor asks for it to be dropped.
Prosecutors base decisions on the safety of the survivor and community, available evidence, and Florida law. They may be concerned about pressure or fear affecting what someone feels able to say.
Survivors who feel pressured about what to say in a criminal case may find it helpful to speak confidentially with a trained advocate. Additional support options across the United States can be found through information listed at https://www.dv.support.
Criminal Cases, Injunctions, and Family Court
There are three main types of court processes that may appear in Florida domestic violence situations. They can overlap but are separate systems with different rules and goals.
1. Criminal Case
A criminal case is between the State of Florida and the person accused of a crime. Possible outcomes can include:
- Dismissal of charges
- Plea agreements
- Trial and verdict (guilty or not guilty)
- Sentencing (jail, probation, classes, fines, or other conditions)
Criminal cases focus on whether laws were broken and what consequences the accused person should face if found guilty.
2. Injunctions for Protection (Restraining Orders)
Injunctions are civil court orders that can help set safety boundaries. In Florida, a person can ask the court for an “Injunction for Protection Against Domestic Violence” or other types of protective injunctions, depending on the relationship and situation.
With an injunction, a judge can order conditions such as:
- No contact or limited contact
- Stay-away zones around home, work, or school
- Temporary decisions about housing, children, or pets
This process is separate from criminal charges. A person may request an injunction even if there was never a criminal arrest, and an injunction can continue even if criminal charges are dropped.
3. Family Court Issues
Family court handles issues like:
- Divorce
- Parental responsibility and time-sharing (custody and visitation)
- Child support and sometimes spousal support
Domestic violence concerns can affect how family courts make decisions, especially about children’s safety and where they live. Evidence from a criminal case or injunction (such as court orders or police reports) may be considered, but each court keeps its own file and orders.
How These Systems Interact
Some ways these processes can connect include:
- A criminal no-contact order might limit communication even while a family case is ongoing.
- An injunction may include temporary arrangements for children that interact with existing or future family court orders.
- Findings in one court (for example, a criminal conviction) can influence what another court thinks about safety, stability, and parenting.
Because these systems are complex, many people choose to speak with both an advocate and a Florida lawyer to understand how criminal, injunction, and family issues might affect one another in their specific situation. This page cannot replace legal or professional advice.
Key Points to Remember
- Calling 911 in Florida usually leads to a police response and, sometimes, an arrest.
- A police report, an arrest, and formal charges are three separate steps.
- The State Attorney’s Office—not the survivor—decides whether to file, change, or drop charges.
- Judges often issue no-contact or other release conditions after an arrest.
- Criminal cases, injunctions, and family court matters are different but can influence each other.
- This is general Florida information and not legal advice for any one person or case.