Domestic Violence & Injunctions

What is a mandatory arrest policy?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Florida law creates a strong presumption of arrest where an officer has probable cause to believe domestic violence occurred — regardless of what anyone at the scene wants.

Florida's framework is among the most arrest-favoring in the country. Where an officer develops probable cause to believe an act of domestic violence has occurred, arrest is the expected outcome.

That holds even where the alleged victim doesn't want anyone arrested, even where there's no visible injury, and even where the incident appears minor.

Two consequences worth understanding. Someone is usually going to jail once officers are called, and the person who called doesn't get to decide who. And where both people have injuries or both make allegations, officers are directed to attempt to determine a primary aggressor — a judgment made quickly, at a chaotic scene, on incomplete information.

That primary aggressor determination is frequently where these cases go wrong, and it's examinable later. Who called first, who was calmer when officers arrived, and who spoke better English have all influenced outcomes in ways the evidence didn't support.

That determination was made in minutes. It can be examined for months. ---

Talk to an Attorney — Free

An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.

This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.