Domestic Violence Defense in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He knows how domestic violence cases are charged and how they are defended. Our office answers 24 hours a day.

What Counts as Domestic Violence in Florida

Domestic violence is not a separate crime by itself. It is a label that attaches to crimes like assault, battery, aggravated battery, stalking, kidnapping, or false imprisonment, or any crime causing injury, when it is committed by one family or household member against another.

Under Florida law, family or household members include:

• Spouses and former spouses.
• People related by blood or marriage.
• People who live together as a family, or have in the past.
• People who have a child together, whether or not they were ever married or lived together.

Except for parents of a child in common, the people must live, or have lived, together in the same home.

Common Domestic Violence Charges

• Domestic battery. Touching or striking someone against their will, or intentionally causing bodily harm. Usually a first-degree misdemeanor. A second battery after a prior battery conviction can be charged as a third-degree felony.
• A prior domestic violence conviction raises the charge. Since July 1, 2026, if the accused already has a prior conviction for a crime of domestic violence (a plea with adjudication withheld or a no-contest plea counts), a new domestic violence charge is raised one level. For example, a misdemeanor domestic battery becomes a third-degree felony, and a domestic assault becomes a first-degree misdemeanor. This increase does not apply on top of a felony battery charged because of a prior battery.
• Assault. A threat by word or act to do violence, with an apparent ability to carry it out, that creates a well-founded fear. Usually a second-degree misdemeanor.
• Aggravated battery. Battery causing great bodily harm, permanent disability, or permanent disfigurement, or with a deadly weapon, or against a person the defendant knew or should have known was pregnant. A second-degree felony.
• Domestic battery by strangulation. Impeding someone's breathing or blood flow by pressure on the throat or neck, or blocking the nose or mouth, so as to create a risk of or cause great bodily harm, against a family or household member or a dating partner. A third-degree felony.

Jail Until First Appearance, and No-Contact Orders

If you are arrested for domestic violence in Florida, you cannot bond out before your first appearance in front of a judge. The judge then decides bond based on the bail factors in Florida law.

Domestic violence is also on Florida's list of "dangerous crime" offenses for pretrial release, so there is no presumption of release without money bond. See Bond & Nebbia Hearings.

At first appearance, the judge almost always orders no contact with the alleged victim. That can mean no calls, texts, or messages, even through a friend, and staying at least 500 feet from their home, car, and workplace, even if it is your home too. Breaking a pretrial release condition in a domestic violence case is a separate first-degree misdemeanor, and the person is held in custody until first appearance on that new charge.

When the Alleged Victim Doesn't Want to Press Charges

This is one of the most common calls we get. In Florida, the State decides whether to prosecute, not the alleged victim. Florida law calls on each state attorney's office to adopt a pro-prosecution policy for domestic violence, and many offices have prosecutors who specialize in these cases.

That doesn't mean the alleged victim's wishes don't matter. A recanting witness, an affidavit of non-prosecution, or a witness who won't come to court can change the case. But those steps need to be handled carefully, through your lawyer. Contacting the alleged victim to ask them to drop charges can violate a no-contact order and lead to new charges.

Injunctions for Protection: The Civil Side

Separately from the criminal case, the alleged victim can go to civil court for an injunction for protection against domestic violence (often called a restraining order).

• Temporary injunction. A judge can issue one without you present (ex parte) if the judge finds immediate danger. It lasts up to 15 days, until a full hearing, and it is extended if the hearing is continued.
• Final hearing. You have the right to appear, present evidence, and be represented by a lawyer. What you say at this hearing can be used in the criminal case, so preparation matters.
• Firearms. A final injunction must state on its face that it is a crime for you to have any firearm or ammunition while it is in effect.

Violating an Injunction or No-Contact Order

Willfully violating a domestic violence injunction, by going to the person's home or work, contacting them, refusing to surrender firearms when ordered, and other acts, is a first-degree misdemeanor. It becomes a third-degree felony if you have a prior conviction for domestic violence or for violating an injunction (since July 1, 2026, one is enough) and violate an injunction against the same person.

Penalties and Consequences

• Batterers' intervention program. If you are found guilty, have adjudication withheld, or plead no contest to a domestic violence crime, the court must order at least 1 year of probation and generally must order a batterers' intervention program.
• Mandatory jail if bodily harm. If you are adjudicated guilty of domestic violence and intentionally caused bodily harm, Florida law requires at least 10 days in county jail for a first offense (15 days if a child under 16 who is a family or household member was present).
• No sealing or expungement. A domestic assault or battery, or a felony battery, strangulation, or aggravated battery, that ends in a conviction cannot be sealed or expunged by court order in Florida. For this purpose, a "conviction" includes a guilty or no-contest plea even if adjudication is withheld.
• Gun rights. A final domestic violence injunction bars you from having any firearm or ammunition while it is in effect, and a domestic violence conviction can trigger federal firearm restrictions.
• Immigration. For non-citizens, a domestic violence conviction can lead to deportation or block residency and citizenship.
• Family court. A domestic violence case can affect custody, time-sharing, and divorce.

These consequences are why the outcome matters even in a misdemeanor case.

How We Defend Domestic Violence Cases

• Self-defense. Many domestic cases involve two people and two stories.
• Inconsistent statements and false or exaggerated accusations, sometimes tied to custody or divorce fights.
• Lack of injury or evidence — photos, medical records, 911 calls, and body-cam video.
• Whether the relationship qualifies as family or household members.
• Witness issues — what the State can and can't prove without the alleged victim.

For violent charges outside the home, see Violent Crimes Defense.

What to Do After a Domestic Violence Arrest

1. Do not contact the alleged victim — not by phone, text, social media, or through friends — until a lawyer tells you what is allowed.
2. Don't discuss the case on jail phones. Those calls are recorded.
3. Plan where you'll stay, since you may not be allowed to go home.
4. Save evidence — texts, photos, injuries to you, and witness names.
5. Call us before first appearance so we can fight for reasonable bond and conditions.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can my partner just drop the charges?

No. The State decides. Your partner's wishes can matter, but any contact about the case must go through your lawyer.

Can I go home after I'm released?

Not if a no-contact order covers the home. Violating it is a new crime. A lawyer can ask the judge to modify the order.

Can a domestic violence charge be sealed?

If the case ends in a guilty or no-contest plea to domestic assault or battery (or certain felony batteries), it can't be sealed or expunged by court order, even with adjudication withheld. A dismissal or acquittal is different.

Is the injunction hearing the same as the criminal case?

No. It's a separate civil case, but what happens there can affect the criminal case.

Will I lose my guns?

A final injunction bars firearm possession while it's in effect, and a conviction can carry federal firearm restrictions.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.