Domestic Violence Lawyer Fort Lauderdale

The short answer

In Florida, domestic violence means a crime such as assault, battery or stalking committed against a family or household member. A first domestic battery is usually a first degree misdemeanor, but a conviction involving bodily harm requires at least 10 days in jail, completion of a batterers' intervention program and can result in a lifetime federal firearm ban. The alleged victim cannot drop the charges. Only the State Attorney can.

Key facts at a glance

Legal definition	Crimes against a family or household member under § 741.28, Fla. Stat.
Simple domestic battery	First degree misdemeanor, up to 1 year in jail
Minimum jail with bodily harm	10 days for a first offense, 15 days if a child under 16 was present (§ 741.283, Fla. Stat.)
After arrest	Held until first appearance before a judge, usually with a no-contact order
Firearms	A domestic violence conviction triggers a federal ban on owning firearms
Record	Domestic violence findings of guilt generally cannot be sealed or expunged

Aggravated battery, strangulation and repeat offenses are felonies with much higher penalties.

Who counts as a family or household member in Florida?

Under § 741.28, Fla. Stat., family or household members include spouses and former spouses, people related by blood or marriage, people who live together or used to live together as a family, and people who have a child in common whether or not they ever married or lived together.

That means an argument between roommates, siblings, exes or co-parents can lead to a domestic violence charge, with consequences far beyond an ordinary battery case.

What happens after a domestic violence arrest in Broward County?

Florida law requires that a person arrested for domestic violence stay in custody until first appearance, so you cannot simply post a standard bond. At first appearance the judge will almost always order no contact with the alleged victim and may order you to stay away from your own home.

Violating that order is a separate crime, even if the other person invites you back. Daniel Rosenberg can ask the court to modify no-contact conditions when appropriate so you can see your children or return home lawfully.

Charged or under investigation in Broward County? Get a free, confidential consultation.

Call 954-892-1277 or request a call back

What defenses apply to domestic violence charges?

Self-defense. You have the right to protect yourself from violence.
False or exaggerated allegations. Accusations sometimes arise during divorces, custody disputes or breakups.
Insufficient evidence. Many cases rest only on statements that conflict with physical evidence or 911 recordings.
No qualifying relationship. If the people involved do not meet the legal definition, the domestic label does not apply.

Can a domestic violence injunction be fought?

Yes. A domestic violence injunction under § 741.30, Fla. Stat. is a civil case, but it can restrict where you live, your contact with your children and your right to possess firearms. A temporary injunction is often granted without you being present. You have the right to contest it at a full hearing, and you should have an attorney at that hearing because anything you say can also be used in a related criminal case.

Representing clients charged in Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Davie, Plantation and every other Broward County city.

Why choose Daniel Rosenberg?

Experience. A member of the Florida Bar since 2006, defending clients in Broward County and federal courts.
Direct access. When you call, you will often speak directly with Daniel himself.
Local. Office at 802 NE 20th Ave in Fort Lauderdale, minutes from the Broward County Courthouse.
Every resource. Success is never guaranteed, but every available resource goes into your defense.

Frequently asked questions

Can the victim drop domestic violence charges in Florida?

No. Once police make an arrest, the decision belongs to the State Attorney. The alleged victim can share their wishes, but prosecutors can continue the case without their cooperation.

Is there bond for domestic violence in Florida?

You must wait for first appearance, usually within 24 hours, where a judge sets bond and release conditions such as a no-contact order.

Will I go to jail for a first domestic battery?

If you are convicted and the court finds you intentionally caused bodily harm, Florida law requires at least 10 days in county jail. Many cases can be resolved without a conviction with the right defense.

Can I own a gun after a domestic violence charge?

A conviction for a misdemeanor crime of domestic violence triggers a federal firearm ban. An injunction also prohibits firearm possession while it is in effect.

Can I contact the alleged victim if they want to talk to me?

Not if a no-contact order is in place. Contact can lead to a new criminal charge and loss of your release. Talk to your attorney about asking the court to change the order.

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Florida law referenced: § 741.28, § 741.30, § 741.283, Florida Statutes (2025).

Last updated November 8, 2026. This page provides general information about Florida law and is not legal advice. Every case is different. Laws change, so contact an attorney about your specific situation.