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Domestic Violence Arrest Policy in Florida

Although spouses, dating partners, and family members care about and love each other, disagreements can happen from time to time. However, when an argument turns physical and the police knock on the door, it is possible that they may have to make an arrest. 

While some states have mandatory arrest policies when it comes to domestic violence incidents, Florida law enforcement officials may make an arrest if there is probable cause that domestic violence occurred. Officers will evaluate each party’s accusations separately and are discouraged from arresting more than one party – only the primary aggressor. 

An officer may arrest someone without a warrant if probable cause has been established. The police may not issue a citation for crimes involving domestic violence. However, after being taken to local, city, or county jail, the police will issue a citation in lieu of continued detention, unless the person is a danger to himself/herself, his/her family, or the public, or a flight risk. 

If a person allegedly commits domestic violence by violating a protective order, then the police must make an arrest, take the individual into custody, and hold him/her for at least 36 hours. The 36-hour hold does not include the day of the arrest, Sundays, or holidays. 

Even though domestic violence is a serious national concern, false accusations often occur out of revenge or to gain leverage in family court matters. On the other hand, both parties may express immediate regret after the incident transpired and the alleged victim may attempt to get the charges dropped. 

Yet, the state prosecutors have the ultimate authority to file charges or drop a case – not the victim. The reason being is that the alleged offender may coerce the alleged victim in some way, whether violently or financially, to get the charges dropped. 

If you or a loved one has been arrested for domestic violence, one of the most important steps to immediately take is hiring a criminal defense attorney. I – Attorney Malcolm Anthony – have more than 30 years of trial-tested experience and a comprehensive understanding of the Florida criminal justice system to protect your rights, reputation, and freedom from conviction. 

Contact my firm today at (904) 289-5577 to discuss your case. Serving clients in Jacksonville, Duval County, St. Johns County, and Clay County. 

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