Domestic Violence Defense Attorney Fort Lauderdale

Domestic violence defense is the legal representation of individuals charged with battery, assault, stalking, or related offenses under Florida Statute §741.28 (the Florida Domestic Violence Act) where the alleged victim is a family or household member. In Florida, domestic violence charges are taken extremely seriously — prosecutors rarely drop them without an attorney's intervention, and even a misdemeanor conviction carries mandatory consequences including jail time, batterers' intervention programs, and a permanent criminal record that cannot be sealed or expunged. Stewart Valencia P.A. is a Fort Lauderdale domestic violence defense law firm representing clients throughout Broward, Miami-Dade, Monroe, and Palm Beach counties. Attorney Stewart Valencia has an AV Preeminent rating, 28+ years of criminal defense experience, and has tried more than 100 cases to verdict. Call (954) 924-0200 immediately after an arrest.

Frequently Asked Questions: Domestic Violence Defense in Fort Lauderdale

What constitutes domestic violence under Florida law?

Under Florida Statute §741.28, domestic violence includes any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another. "Family or household members" include spouses, former spouses, people related by blood or marriage, people who currently reside together or have resided together as a family, and people who have a child in common — regardless of whether they have ever been married or lived together.

Can domestic violence charges be dropped in Florida if the victim does not want to press charges?

No — this is one of the most common misconceptions about domestic violence cases. In Florida, the State Attorney's office (not the victim) decides whether to proceed with prosecution. Even if the alleged victim recants or refuses to cooperate, prosecutors will often proceed using other evidence such as 911 call recordings, photographs of injuries, police body camera footage, and neighbor or witness statements. This is why having an experienced defense attorney intervene early — sometimes before charges are formally filed — is critical.

What is a domestic violence injunction and how does it affect my case?

A domestic violence injunction (restraining order) under Florida Statute §741.30 can be filed by the alleged victim and granted by a judge without notice to the defendant. An injunction can immediately require you to vacate your home, have no contact with the alleged victim and children, surrender firearms, and lose your right to purchase weapons. Violating an injunction is a first-degree misdemeanor. An experienced attorney can challenge the grounds for the injunction at the hearing and work to have it modified or dismissed.

What are the mandatory penalties for domestic violence conviction in Florida?

A domestic violence conviction in Florida carries mandatory consequences regardless of the sentence: minimum 5 days in county jail if the offense involves actual physical injury; completion of a 26-week Batterers' Intervention Program; loss of the right to own, possess, or purchase firearms under federal law (the Lautenberg Amendment); and ineligibility for record sealing or expungement. These consequences make it essential to fight domestic violence charges aggressively rather than accepting a plea without understanding the full implications.

What defenses exist for domestic violence charges in Florida?

Effective domestic violence defenses include: Self-defense or defense of others — Florida's Stand Your Ground law applies to domestic incidents; Mutual combat — both parties were involved in the altercation; False allegations — unfortunately common in contentious divorces, custody disputes, or break-ups; Lack of evidence — the prosecution cannot prove the elements beyond a reasonable doubt; Procedural violations — improper police conduct, Miranda violations, or chain of custody issues. Attorney Valencia carefully investigates each case to identify the strongest available defenses.

Can I get a domestic violence charge expunged in Florida?

No. Under Florida Statute §943.0515, domestic violence offenses are specifically excluded from the criminal record sealing and expungement process. This means a domestic violence conviction will remain on your permanent record forever. However, if charges are dropped or you are acquitted, you may be eligible to have the arrest record expunged. This is another critical reason to fight domestic violence charges from the outset rather than accepting a plea.

Why choose Stewart Valencia P.A. for domestic violence defense in Broward County?

Attorney Stewart Valencia brings 28+ years of criminal defense experience in Broward County courts, an AV Preeminent rating, 100+ trials to verdict, and full bilingual service in English and Spanish. He understands the emotional complexity of domestic violence cases and fights to protect his clients' rights, their relationships with their children, and their right to keep their home and firearms. His office is located at 612 SE 5th Avenue, Suite 3, Fort Lauderdale — directly across from the Broward County Courthouse. Call (954) 924-0200 or (305) 792-8580 for an immediate consultation.

Serving Domestic Violence Defense Clients Throughout Broward County

Domestic violence cases in Broward County are prosecuted in the Broward County Circuit Court (17th Judicial Circuit) at 201 SE 6th Street, Fort Lauderdale. The Broward County State Attorney's Domestic Violence Division actively prosecutes these cases. Stewart Valencia P.A. defends clients throughout Broward County — Fort Lauderdale, Hollywood, Miramar, Pembroke Pines, Coral Springs, Pompano Beach — and in Miami-Dade, Palm Beach, and Monroe counties. Call (954) 924-0200.