Does a Domestic Violence Call Always Lead to Arrest in FL?


Since domestic violence is a serious issue throughout the country, many states have enacted mandatory or pro arrest policies. These laws take into consideration the history and relationship between the parties. 

Florida has a pro arrest policy based on a police officer’s discretion. In other words, if a law enforcement official has probable cause that an act of domestic or dating violence has occurred, then an arrest will be made with or without a warrant – regardless of the alleged victim agrees or opposes the arrest or the relationship between the parties involved. 

When it comes to incidents where two or more parties make complaints to law enforcement officials, mutual arrests are strongly discouraged. This means the police must determine who is the primary aggressor based on their own judgment, rather than deciding solely based on the accounts of each party or even third parties. 

Since many domestic violence disputes occur in the heat of the moment and even result in immediate regret from all parties involved, it is not uncommon for an alleged victim to ask the police to drop the charges. Unfortunately, only state prosecutors have the power to either proceed with filing charges or drop them. 

If you wish to defend yourself against domestic violence charges in Miami, let the Law Office of Armando J. Hernandez, P.A. protect your rights, reputation, and freedom. With more than 19 years of experience, including years working as a prosecutor, Attorney Hernandez understands what it takes to get the most favorable results on behalf of our clients. 

Contact the firm today at (305) 400-0074 and request a free consultation today.