Understanding Florida’s Domestic Violence Process and How a Private Defense Attorney Can Protect Your Rights

When someone asks me if their spouse can drop domestic violence charges in Florida, I give them a straight answer—no, not really. Once an arrest is made, the case becomes a matter for the State, not the alleged victim. Even if your spouse wants to drop the charges, the prosecutor can still move forward. This is one of the most misunderstood parts of the Florida criminal justice system, and it often leads to confusion, heartbreak, and missed opportunities for defense.

As a Florida criminal defense attorney, I’ve handled hundreds of domestic violence cases. Many of them started with a misunderstanding, an emotional argument, or a momentary lapse in judgment. And in more situations than you might think, the alleged victim later decided they didn’t want to press charges. But at that point, it’s not their decision anymore. The State Attorney’s Office has full control over whether or not the charges move forward.

Let’s walk through exactly how this works, what Florida law says, and how I help clients fight these charges, even when their partner no longer wants to press them.

Florida Domestic Violence Laws and Charging Process

Under Florida Statute § 741.28, domestic violence includes any assault, battery, sexual assault, stalking, kidnapping, or other offense that results in physical injury or death, when committed by a family or household member. That includes spouses, former spouses, people related by blood or marriage, or those living together as a family or who have a child in common.

The charging authority in a domestic violence case is not the person who called 911. It is the State of Florida. The moment law enforcement makes an arrest and the report is submitted to the prosecutor, it becomes a criminal case—even if the alleged victim never wants it to go that far.

Florida Statute § 741.29(6) requires law enforcement to complete a written report and make an arrest if they have probable cause. Officers are trained to treat domestic violence calls seriously. In many counties, including Miami-Dade, Hillsborough, and Orange, officers often make an arrest even when both parties say nothing happened.

Once the State has the case, the alleged victim cannot “drop” the charges. They can file a “Waiver of Prosecution,” but that’s just a statement—it is not binding. The prosecutor can still proceed without their cooperation. The State may use the 911 call, medical records, photos of injuries, body cam footage, or witness testimony to try to convict you.

Why You Need a Florida Domestic Violence Defense Lawyer

At every stage of a domestic violence case, having a private defense lawyer can be the difference between a permanent criminal record and a second chance. Unlike a public defender who is juggling dozens of files, I work directly with you and your family to protect your future. I speak with the alleged victim, investigate the scene, subpoena records, and challenge the prosecution’s evidence line by line.

When the State refuses to drop the case—even when the alleged victim is unwilling—I push back. I’ve had prosecutors walk away from cases when I’ve exposed credibility issues, inconsistencies in body cam recordings, and legal flaws in the arrest procedure. But that kind of result doesn’t happen automatically. It takes skill and strategy.

What If the Victim Refuses to Testify?

This is one of the most important questions in a domestic violence case. If your spouse says they don’t want to cooperate, does the case fall apart?

Not necessarily.

Florida follows the rules of evidence and criminal procedure, which allow certain statements to come into court even if the person isn’t testifying. For example, a 911 call may be admitted under the “excited utterance” exception to the hearsay rule. Prosecutors might use statements made at the scene to officers, and even body cam audio and video to make their case.

However, if the State’s case is weak without the victim, and we show the court that key evidence is hearsay or that the victim is unwilling, that may open the door for us to file a Motion to Dismiss for lack of prosecutable evidence.

In cases where the victim refuses to testify and the State has little else, I work quickly to file discovery demands and hold the State accountable to their burden of proof.

Real Case Example: Charges Dropped After Evidence Review

I represented a man in Tampa who was arrested after his wife called 911 during an argument. She had been drinking and was angry about a financial issue. The police showed up and arrested him without taking a full statement. There were no injuries, but the officer saw a broken picture frame on the floor.

The wife contacted me immediately after his arrest. She told me she never wanted him arrested and didn’t feel threatened. I interviewed her, secured her statement, and obtained a copy of the 911 call and body cam footage.

The footage showed that the wife was not in fear, was intoxicated, and repeatedly told the officer she didn’t want to press charges. There was no physical violence, and no independent witnesses.

I filed a “Notice of Appearance,” submitted a formal request for dismissal to the State Attorney’s Office with supporting evidence, and met with the assigned prosecutor. After reviewing the materials, the State agreed to drop the charges prior to arraignment.

Without aggressive action, this man could have faced a permanent criminal record and a year-long no-contact order with his family. My quick involvement changed everything.

Possible Penalties and Consequences of a Domestic Violence Conviction

Even a misdemeanor domestic battery charge under Florida Statute § 784.03 carries mandatory penalties. A conviction—even without jail—means:

  • You cannot have the record sealed or expunged
  • You may lose your right to possess firearms under federal law
  • You will be required to complete a 26-week Batterer’s Intervention Program
  • A permanent criminal record that can affect employment, housing, and custody
  • A one-year minimum probation sentence
  • Potential jail time up to one year for a first-degree misdemeanor
  • Immigration consequences for non-citizens

And if the case involves strangulation (§ 784.041), serious injury, or repeat offenses, it can become a felony.

That’s why it’s never safe to assume the charge will just go away.

Defenses I Use in Florida Domestic Violence Cases

Every case is different, but there are several key defenses that I regularly pursue:

  • Lack of evidence: No injuries, no credible witnesses, and no physical proof beyond statements.
  • Victim recantation: When the alleged victim no longer supports the charges and is willing to testify accordingly.
  • Self-defense: If you acted to protect yourself from harm.
  • Stand Your Ground: In certain cases, Florida’s § 776.032 “Stand Your Ground” law may apply.
  • Mutual combat: When both parties were physically involved, and the defendant was not the primary aggressor.
  • Improper arrest procedure: Violation of constitutional rights, such as failure to read Miranda or lack of probable cause.

My job is to look at every angle and raise every defense that applies to protect your freedom and your future.

Why Private Representation Matters

Many people think hiring a private attorney is too expensive or unnecessary if the victim wants to drop the charges. But in reality, a public defender can only do so much. They don’t always have the time to challenge weak evidence or negotiate alternatives to prosecution.

I do. I can present character evidence, counseling documentation, favorable witness testimony, and legal motions that a court-appointed lawyer may not have time to file. I keep you involved in every step, help you stay in contact with your spouse (if allowed), and work to get the case dismissed, diverted, or resolved without a conviction.

Florida Domestic Violence Defense Lawyer Frequently Asked Questions

Can my spouse drop the charges if they tell the prosecutor they don’t want to move forward?

Not exactly. In Florida, domestic violence charges are controlled by the State Attorney’s Office. Even if your spouse asks to drop the case, the prosecutor can continue without their cooperation. The alleged victim can file a “drop charge affidavit,” but it is up to the prosecutor to decide whether to pursue or dismiss the charges.

What happens if the alleged victim doesn’t show up in court?

If the person who made the allegation doesn’t appear and is a key witness, the State may struggle to move forward. However, prosecutors can still try to admit prior statements or 911 calls. I review the evidence and may file a Motion to Dismiss if the case lacks witness support or admissible proof.

Will a domestic violence conviction stay on my record forever?

Yes, a domestic violence conviction in Florida cannot be sealed or expunged—even if it’s a misdemeanor. That’s why avoiding a conviction is critical. If we can get the charge dropped or dismissed, we may then be able to expunge the arrest record.

Can I have contact with my spouse while the case is pending?

Usually not, unless the court modifies the No Contact Order. Upon arrest, the judge typically imposes a mandatory No Contact Order. However, I can file a Motion to Modify the terms to allow contact, especially if your spouse supports it and wants to continue the relationship or co-parent.

What is a diversion program in a domestic violence case?

In some Florida counties, first-time offenders may be eligible for a pretrial diversion program. This requires completion of counseling or anger management and compliance with other terms. If successfully completed, the State may dismiss the charges. I help negotiate these outcomes when appropriate.

What if the police arrested the wrong person?

Mistaken arrests are not uncommon, especially during heated disputes. If you were not the aggressor or acted in self-defense, we will work to uncover all facts and push for dismissal based on lack of evidence or misidentification.

Can I get my firearms back after a domestic violence case?

If the case is dismissed or you’re acquitted, and no injunctions are in place, you may be able to reclaim your firearm rights. However, a conviction may result in a lifetime ban under federal law. I fight to keep that from happening.

Florida Domestic Violence Defense Lawyer – Call Musca Law Now

If you or a loved one has been arrested for domestic violence, don’t wait and hope the case disappears. Florida prosecutors take these charges seriously, and even when the alleged victim wants to drop the case, the State can press forward.

Let me fight for your rights, protect your freedom, and work toward the best possible outcome.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A., has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.