Why This Case Matters
Domestic violence charges don’t automatically disappear—even when a case is difficult to prove. In Broward County, prosecutors frequently move forward when an alleged victim insists on prosecution, making dismissals especially rare. This case shows how meticulous trial preparation and a strategically conducted deposition can expose fatal weaknesses in the state’s case and convince prosecutors to dismiss charges—even when the alleged victim wants the case to continue.
One moment, you’re living your normal life. The next, you’re under arrest for domestic battery—and legally barred from your own home.
That’s exactly what happened to our client, a respected professional with no prior criminal record. An accusation from someone she lived with triggered an immediate no-contact order, forcing her out of her home, separating her from her belongings, and upending her entire routine overnight.
This case wasn’t just about avoiding jail. It was about protecting her reputation, her career, and her future.
The Charge She Faced
Our client was arrested and charged with domestic battery (first-degree misdemeanor) from an allegation involving unwanted physical contact or harm against a household or family member.
Although classified as a misdemeanor, this Florida domestic violence charge carries serious and often permanent consequences, including:
- Up to 364 days in the Broward County Jail
- Mandatory domestic violence conditions, such as counseling, anger management classes, and strict no-contact orders
- A permanent criminal record that cannot be sealed or expunged if convicted, even if adjudication is withheld
What Happened
The charge grew out of an alleged incident inside the marital home—an argument that quickly spiraled into a domestic battery accusation. When police arrived, they relied on the statements of our client’s spouse and made an immediate arrest.
This is not uncommon. In domestic violence cases, officers are often required to act swiftly, leaving little room for nuance or context in the moment.
What followed was devastating. The court automatically imposed a no-contact order, instantly removing our client from her own home. She was barred from returning, cut off from her personal belongings, essential documents, and the stability of her daily life—without ever having the chance to tell her side of the story in court.
Despite the absence of physical evidence and the mounting weaknesses in the case, the alleged victim was unwavering in the desire to prosecute. In Broward County, that insistence frequently keeps cases alive long after they should be dismissed, transforming a single accusation into a drawn-out legal nightmare.
For months, our client lived in a state of uncertainty—unable to go home, forced to rebuild her life from the outside, and staring down the possibility of a permanent domestic violence conviction that could destroy her career, reputation, and future. The punishment, it seemed, had already begun—long before any verdict was reached.
Our Strategic Approach
From the beginning, Fort Lauderdale criminal defense attorney Dave Simmons treated the case exactly as it would be treated at trial—because that is often the only way domestic violence cases are resolved favorably. Drawing on over 22 years of experience, including time as both a Broward State Attorney and Public Defender, Dave took a proactive, trial-focused approach:
- Conducted a detailed deposition of the alleged victim. During sworn testimony, multiple inconsistencies emerged between the victim’s statements, prior reports, and the actual facts of the case.
- Documented contradictions and credibility issues. These inconsistencies were not minor—they went directly to the core allegations supporting the charge.
- Presented the trial risk to the prosecution. By walking the State Attorney’s Office through how the testimony would likely unravel in front of a jury, we demonstrated the significant risk of proceeding to trial.
- Maintained trial readiness at all times. Even with victim opposition to dismissal, we made it clear that the defense was fully prepared to take the case to a jury if necessary.
The Result: Case Dismissed Despite Victim Objection
After reviewing the deposition testimony and evaluating the weaknesses exposed, the State Attorney’s Office made a rare decision: the domestic violence charge was dismissed by the state—over the objections of the alleged victim.
Our client walked away with:
- All charges dismissed
- No conviction
- No jail time
- No probation
- The ability to seal and expunge the arrest record
- The opportunity to move forward without a permanent domestic violence label
If You’re Facing Domestic Violence Charges in Fort Lauderdale, Take Action Now
Domestic violence charges move quickly—and the consequences can begin long before you ever see a courtroom. From no-contact orders to permanent criminal records, waiting to act can cost you far more than your freedom.
At the Law Offices of Dave L. Simmons, P.A., we provide strategic, trial-ready defense backed by more than two decades of experience serving clients in Fort Lauderdale and surrounding areas—including Lauderhill, Plantation, Coral Springs, and Pembroke Pines. We understand how prosecutors build domestic violence cases—and how to expose the weaknesses that can lead to dismissal.
If you’re facing domestic battery or other domestic violence charges in Broward County, early legal representation matters. Contact our Fort Lauderdale 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.
