Why This Case Matters
Most people assume the worst part of a battery arrest is the possibility of jail. Often, it isn’t. It is the order that comes with the arrest—the one that says you cannot go home.
When an accusation involves someone who lives under the same roof, the case is charged as domestic violence—and a no-contact order can lock a person out of their own house overnight. Their belongings stay behind. Their bills keep coming. And the person making the accusation remains in the home.
For our client, a man in his seventies, that is exactly what happened.
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What Happened
What HappenedOur client shared his home with a former girlfriend. The romantic relationship had ended, and by the time of the incident she was living there as a roommate rather than a partner.
Following an altercation, our client was arrested and charged with battery. Because the two shared a residence, the case was classified as domestic violence—a designation that turns on the living arrangement, not on whether the people involved are still a couple. Under Florida law, people who reside together as a family, or who have done so in the past, fall within the domestic violence statute even after a relationship ends.
That classification changed everything about his exposure:
- A no contact order that barred him from returning to his own home
- A temporary injunction for protection, which she obtained separately, remaining in effect until a full court hearing
- Jail exposure on the underlying charge
- Mandatory conditions on conviction, including a lengthy batterers’ intervention program
- Loss of firearm rights
- A permanent record that cannot be sealed or expunged. Florida bars sealing or expunging domestic violence offenses—even when adjudication is withheld
- The loss of his residence for as long as the orders remained in place
That last point is one most people never hear until it is too late. A domestic violence case is one of the few charges in Florida where a favorable plea still leaves a permanent, unexpungeable record. Avoiding a conviction outright is often the only way to protect the record at all.
The practical effect was severe. A single accusation displaced a man in his seventies from the home he owned, while the accuser continued living in it. And with two separate proceedings running at once—a criminal case and a civil injunction—he faced action on two fronts simultaneously.
Recognizing how quickly the situation could become permanent, our client retained Fort Lauderdale criminal defense attorney Dave Simmons.
Our Strategic Approach
Dave treated this as two problems that had to be solved together: the immediate crisis of a man locked out of his home, and the underlying question of what actually happened between these two people.
This involved:
- Moving immediately on the no-contact order. Rather than letting the order sit for months while the case worked its way through the system, Dave sought relief right away so our client could return home.
- Developing the facts the arrest report left out. Arrest reports capture one version of an incident, usually the version told first. Dave built out the fuller account of what occurred between the two.
- Challenging who the aggressor really was. Dave presented evidence to the State indicating the complaining witness was the likely aggressor—not our client. In Florida, identifying the primary aggressor is central to these cases, and getting it wrong at the scene does not end the inquiry.
- Fighting both proceedings. Because the injunction was a separate civil matter with its own hearing, it had to be defended on its own terms and not left to follow whatever happened in the criminal case.
The Result: Home Restored, Injunction Dismissed, Charge Dismissed
Our client obtained relief on every front:
- The no-contact order was lifted, allowing him to return to his home
- The injunction for protection was dismissed
- The domestic battery charge was dismissed
- No conviction
- No jail time
- No batterers’ intervention program and no loss of firearm rights
- No permanent domestic violence record—the outcome that a plea, even a favorable one, could not have delivered
He went home, and the accusation did not follow him into the rest of his life.
Why This Outcome Mattered
Domestic violence cases are unlike most criminal charges. The consequences begin immediately, before any court has decided whether the accusation is true. A person can lose access to their home, belongings, and routine on the strength of a single account of a single incident.
For an older client, that disruption is not a temporary inconvenience. Displacement at seventy carries real costs—health, stability, and finances all take the hit at once.
This case is also a reminder that the person who calls first is not automatically the victim. Officers responding to a scene make a judgment in minutes, based on limited information. When the fuller picture shows something different, it needs to be presented to the State clearly and early—before the case hardens around the initial version.
If a Domestic Violence Charge Has Locked You Out of Your Home in Broward County, Act Now
A no contact order can take effect immediately after an arrest and remain in place for months. An injunction hearing moves on its own timeline, often within weeks. Both proceedings demand attention simultaneously, and waiting for one to resolve before addressing the other is a costly mistake.
Domestic violence cases also carry a consequence most defendants do not learn about until sentencing: a domestic violence offense cannot be sealed or expunged in Florida, even with a withhold of adjudication. That makes the difference between a plea and a dismissal permanent.
At the Law Offices of Dave L. Simmons, P.A., we handle both sides of these cases—the criminal charge and the injunction—and we move quickly on the orders that keep clients out of their homes. With decades of experience, including prior service as both a Broward State Attorney and Public Defender, we know how to present the facts the arrest report missed in Fort Lauderdale and surrounding areas—including Lauderhill, Plantation, Coral Springs, and Pembroke Pines. Contact our office today at 954-765-3540 for a confidential consultation.
Note: Every case is unique, and past results do not guarantee future outcomes. The specific facts and circumstances of your case will determine the available defense strategies and potential outcomes.
Contact Us to Protect Your Rights and Future
If you have been arrested for domestic battery or are facing an injunction for protection, we can help. Fill out our contact form or call our Fort Lauderdale office at 954-765-3540 for a confidential consultation. We proudly serve clients in Fort Lauderdale, Hollywood, Davie, Plantation, Hillsboro Beach, Pembroke Pines, Coconut Creek, Coral Springs, Lauderhill, Deerfield Beach, and surrounding communities.
