Do not face a domestic violence charge alone
Domestic violence crimes are those involving family members, relatives or people who live together. A domestic charge can range from a misdemeanor battery to serious felony offenses, and even a misdemeanor domestic violence battery carries mandatory penalties by statute. Over the past decades, police have enforced the domestic violence laws with renewed vigor. They can make an arrest without a warrant as long as they believe there is probable cause. Prosecutors also come down hard on people charged with these crimes, so do not face them alone. Contact Attorney Adam Harmelin immediately after the arrest. With most crimes, time is of the essence.
What counts as domestic violence in Florida
Under Florida law, domestic violence is assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense that causes physical injury or death, committed by one family or household member against another.
A family or household member is a spouse or former spouse, a person related by blood or marriage, a person who lives or has lived with the other as a family, or a parent of a child in common. Except for parents of a child in common, the two people must live or have lived together in the same home.
What happens after a domestic violence arrest
- No bond until you see a judge. A person arrested for domestic violence must be held in custody until brought before a judge for bail. In Broward, that is at first appearance, held every day at the courthouse at 201 SE 6th Street by video from the jail. The judge considers the safety of the alleged victim and sets conditions, often including no contact.
- The alleged victim does not decide. The police can arrest, and the State can prosecute, even if the other person does not want charges.
- No-contact conditions. Violating a no-contact order or an injunction is a new crime. Follow every condition until a judge changes it.
Penalties
- Battery is a first-degree misdemeanor, up to 1 year. A battery after a prior battery conviction is a third-degree felony.
- Domestic battery by strangulation is a third-degree felony, up to 5 years.
- Minimum jail. If a person is adjudicated guilty of a domestic violence crime and intentionally caused bodily harm, the court must impose at least 10 days in jail for a first offense (15 days if a child under 16 was present), and more for later offenses.
- Probation and a batterers’ program. On a finding of guilt, a withhold of adjudication or a no contest plea, the court must order at least 1 year of probation and, in most cases, a batterers’ intervention program.
- Repeat offenses. Since July 1, 2026, a domestic violence crime by someone with a prior domestic violence conviction is charged one degree higher, so a misdemeanor can become a felony.
- Your record. A domestic violence assault or battery cannot be sealed or expunged, even with a withhold of adjudication.
- Firearms. A final domestic violence injunction bars you from possessing firearms and ammunition.
Injunctions for protection (restraining orders)
In addition to defending domestic violence crimes, Adam also represents people involved in restraining order litigation. Typically, a person who claims domestic violence files a petition for a temporary restraining order, called an injunction for protection. A judge can grant a temporary injunction without hearing from you, for up to 15 days, and sets a full hearing before it expires. What you say at that hearing can be used in the criminal case. Adam will help defend against the injunction as well as the criminal charge. Florida also has injunctions for dating violence, repeat violence, sexual violence and stalking.
A domestic violence case result
In one of Adam’s published cases (TO), a man was charged with domestic battery by strangulation and assault after an altercation with his ex-wife, with recorded statements in evidence. All charges were dismissed. That is one case, and every case is different; read the full description on the case results page and the case results disclaimer.
Charges Adam defends
Domestic violence attorney Adam Harmelin represents people charged with:
- Battery and battery by strangulation
- Assault and aggravated assault
- Child abuse and child neglect
- Sexual abuse and sexual battery, including spousal sexual battery
- Stalking
- Manslaughter and murder
Accused of domestic violence? Call immediately
With most crimes, time is of the essence. Call Adam at (954) 294-9372 for a free consultation, any time.
Frequently asked questions
The other person wants to drop the charges. Will the case go away?
Not automatically. In Florida the State Attorney decides whether to prosecute, and a case can go forward without the alleged victim’s cooperation. A lawyer can present the alleged victim’s wishes and the weaknesses in the evidence to the prosecutor.
Can I go home after I bond out?
Often not right away. Release conditions commonly include no contact with the alleged victim and staying away from a shared home. A lawyer can ask the court to modify the conditions.
What is a withhold of adjudication and does it help?
A withhold means you are not formally convicted. In domestic violence cases it avoids the mandatory minimum jail tied to an adjudication of guilt, but the court still orders probation and usually a batterers’ program, and the record still cannot be sealed.