Florida’s domestic violence laws are complex, and police often make split-second decisions that don’t tell the full story. Broward County domestic violence defense lawyer Dave Simmons helps people just like you—those who acted in fear, not aggression—fight back against wrongful charges.
You shouldn’t be punished for protecting yourself. Here’s what you need to know.
What Does Florida Law Say About Self-Defense?
In Florida, law enforcement is trained to make quick arrests when responding to domestic violence calls. If both parties show signs of injury or accuse each other, it’s not uncommon for officers to arrest one or both—even if one person was clearly defending themselves.
Self-defense is a valid legal defense under Florida law, but that doesn’t always stop an arrest from happening. Police don’t decide innocence or guilt on the scene—they arrest based on probable cause, not proof.
Florida recognizes your right to protect yourself—but only under specific conditions. Self-defense is legally justified if:
- You reasonably believed you were about to suffer harm.
- Your response was proportional to the threat.
- You didn’t provoke the attack, or you clearly tried to withdraw from the confrontation.
Under Florida Statute §776.012, you have no duty to retreat if you're in a place you have a legal right to be. But in domestic violence cases—especially those involving shared homes—this becomes a legal gray area.
Why Would Police Arrest a Victim of Self-Defense?
Here’s why you might be arrested even if you were defending yourself:
- Injuries appear more serious on the other person. Law enforcement officers often rely on visible signs of harm to determine who was the aggressor. If your partner has noticeable bruises, scratches, or red marks—and you don’t—it can give the impression that they were the victim, regardless of who started the conflict.
- You admitted to pushing, hitting, or restraining. In the heat of the moment, it’s natural to try to explain what happened. But if you admit to any physical contact—no matter how limited or defensive—it can be twisted into a confession. For example, saying, “I pushed her off me because she was hitting me,” might be recorded as an admission of violence, even though your intent was to escape harm.
- The other party gave a more emotional or believable story. If the other person is crying, shaking, or visibly distressed, they may come across as more credible—even if they instigated the violence. A calm, logical explanation from you may not carry the same emotional weight, especially if you’re in shock or trying to stay composed.
- There’s a history of disputes, even if unrelated. Prior 911 calls, past arguments, or even neighbor complaints can color how officers view the current situation. If police have responded to your home before, they may assume a pattern of violence exists—even if those incidents had nothing to do with you or were resolved without arrests.
Facing a domestic violence charge doesn’t mean you’re guilty—and it certainly doesn’t mean you’re out of options. With the right legal strategy, many of these cases can be reduced, dismissed, or fought at trial. Skilled Broward County domestic violence defense lawyer Dave Simmons will examine every angle of your case, uncovering evidence that supports your version of events and casting doubt on the prosecution’s claims.
You defended yourself because you felt you had no choice. You didn’t intend to hurt anyone—you were trying to stop yourself from being hurt. Now you’re facing life-changing consequences for a moment of fear and instinct.
Don't let a one-sided story define your future. Let the Law Offices of Dave L. Simmons. P.A. make sure your voice is heard—and your rights are protected.
