Domestic Violence

Domestic violence is one of the most politicized and overcharged criminal offenses. Initially called Spouse Abuse, today the definition includes altercations between cousins and even ex-roommates.

Arrested for Domestic Violence: Contact a Lawyer Now

If you or a loved one has been arrested for domestic violence, you can immediately text, call or email us. Include the name of the person arrested and the county where the arrest occurred along with all your questions.

Domestic Violence in Florida

“Domestic violence” means

  • 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
  • a spouse, former spouse, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married [Household Member].

With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. See, s. 741.28, Fla. Stat.

Minimum Penalties for Domestic Violence

If a person is found guilty of a crime defined as domestic violence, faces a minimum term of 1 year probation and required attendance and completion of a batterers’ intervention program.

Loss of Right to Bear Arms

Additionally, a person found guilty of domestic violence can lose or have his or her Second Amendment Right to Bear Arms permanently or for a minimum period of 3 years.

Jail or Imprisonment

If a person is adjudicated guilty of a crime of domestic violence and the person has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of:

  • 10 days in the county jail for a first offense,
  • 15 days for a second offense, and
  • 20 days for a third or subsequent offense

as part of the sentence imposed, unless the court sentences the person to a period of incarceration in a state correctional facility (prison).

Presence of Children; Aggravating Factor

If a person is adjudicated guilty of a crime of domestic violence and the person has intentionally caused bodily harm to another person, and the crime of domestic violence takes place in the presence of a child under 16 years of age who is a family or household member of the victim or the perpetrator, the court shall order the person to serve a minimum of:

  • 15 days in the county jail for a first offense,
  • 20 days for a second offense, and
  • 30 days for a third or subsequent offense

as part of the sentence imposed, unless the court sentences the person to a period of incarceration in a state correctional facility (prison).

Felony Domestic Violence

A person commits felony battery if he or she actually and intentionally touches or strikes another person against the will of the other and causes great bodily harm, permanent disability, or permanent disfigurement.

Domestic Violence by Strangulation; Additional Victim Class

A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another;

  • impedes the normal breathing or
  • circulation of the blood, so as to create a risk of or cause great bodily harm
  • by applying pressure on the throat or
  • neck or
  • by blocking the nose or mouth of the other person.

of a family or household member or of a person with whom he or she is in a dating relationship (meaning a continuing and significant relationship of a romantic or intimate nature). See, s. 784.041, Fla. Stat.

Maximum PenaltiesFelonyMisdemeanor
Incarceration5 to Life365 days
Fine$5,000 and up.$1,000
Probation60 months and up12 months

Contact Us For More Information

If you, a loved one or a friend has been arrested for or has a warrant out for domestic violence, contact us by submitting the information below. One of our attorneys will be in contact with you shortly.