Domestic Violence in Florida — What You Need to Know

Domestic Violence in Florida — What You Need to Know Florida Statute §741.28 What Is Domestic Violence? In Florida, domestic violence is not a single charge — it is a category of offenses that covers a wide range of criminal acts committed by one family or household member against another. Under Florida Statute §741.28, domestic violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, and any other criminal offense resulting in physical injury or death committed by one household or family member against another. Florida law defines family or household members as: • Spouses and former spouses • Persons related by blood or marriage • Persons currently or formerly living together as a family • Persons who share a child in common • Parents who share a child, regardless of whether they ever lived together Why Domestic Violence Cases Are Different Domestic violence cases are treated differently from other criminal matters in Florida in several important ways. Mandatory Arrest. Under Florida law, law enforcement officers who respond to a domestic violence call and find probable cause to believe an act of domestic violence has occurred must make an arrest. This is not discretionary — the officer does not have the option to simply issue a warning or let the parties resolve it themselves. No-Drop Policy. Once a domestic violence case is filed, the alleged victim cannot simply choose to "drop the charges." The decision to prosecute belongs to the State Attorney's Office, not the victim. Even if the victim recants or refuses to cooperate, the State may proceed with prosecution using other evidence such as 911 recordings, body camera footage, photographs, and officer observations. Mandatory No-Contact Orders. Upon arrest, a no-contact order is typically issued immediately as a condition of bond. This means you may not contact the alleged victim in any way — by phone, text, email, through a third party, or in person — until the court modifies or lifts the order. Violating a no-contact order is a separate criminal offense. No Bond on Weekends. In some counties, persons arrested for domestic violence must remain in custody until a first appearance before a judge — they cannot bond out immediately. Common Domestic Violence Charges in Florida Depending on the specific facts of the incident, a domestic violence arrest can result in one or more of the following charges: • Domestic Battery (§784.03) — intentional unwanted touching or striking; First-Degree Misdemeanor — up to 1 year in jail, $1,000 fine • Domestic Battery by Strangulation (§784.041) — impeding breathing or blood circulation by applying pressure to the throat, neck, nose, or mouth; Third-Degree Felony — up to 5 years in prison, $5,000 fine • Aggravated Battery (§784.045) — battery causing great bodily harm or using a deadly weapon; Second-Degree Felony — up to 15 years in prison • Domestic Assault (§784.011) — intentional threat of violence creating fear of imminent harm; Second-Degree Misdemeanor — up to 60 days in jail • Aggravated Assault (§784.021) — assault with a deadly weapon; Third-Degree Felony — up to 5 years in prison • Stalking (§784.048) — willfully and repeatedly following or harassing a household member; First-Degree Misdemeanor to Third-Degree Felony • Violation of Injunction (§741.31) — violating a domestic violence protective order; First-Degree Misdemeanor — up to 1 year in jail Penalties & Consequences of a Domestic Violence Conviction A domestic violence conviction in Florida carries consequences that go far beyond jail time or fines. These cases have a permanent impact on nearly every area of your life. Criminal Penalties: • Minimum mandatory 5 days in jail upon conviction if the offense involved actual physical injury to the victim • Probation up to 1 year (misdemeanor) or longer for felony offenses • Mandatory completion of a Batterers' Intervention Program (BIP) — a 26-week court-ordered program • Community service hours • Fines and court costs Firearms Rights: Under the federal Lautenberg Amendment (18 U.S.C. §922(g)(9)), a conviction for any domestic violence misdemeanor or felony permanently prohibits you from possessing, purchasing, or transporting firearms or ammunition. This applies even to law enforcement officers and military personnel. Immigration Consequences: A domestic violence conviction is considered a crime of moral turpitude and can result in deportation, denial of naturalization, and permanent inadmissibility for non-citizens — even lawful permanent residents. Family Court and Custody: A domestic violence conviction or even a pending charge can significantly impact child custody proceedings. Florida courts are required to consider domestic violence history when determining custody arrangements. A conviction can result in supervised visitation or loss of custody rights. Professional Licenses: Many professional licensing boards — including those for healthcare workers, teachers, attorneys, law enforcement, and financial professionals — require disclosure of domestic violence convictions and may revoke or deny licensure based on them. Permanent Record: Domestic violence convictions in Florida cannot be sealed or expunged. They remain on your permanent record and will appear on background checks for employment, housing, and professional licensing for the rest of your life. Injunctions for Protection (Restraining Orders) Separate from any criminal case, the alleged victim may file a petition for an Injunction for Protection Against Domestic Violence in civil court. If granted, a domestic violence injunction can: • Prohibit all contact with the petitioner • Remove you from a shared residence • Award temporary custody of children to the petitioner • Prohibit you from possessing firearms • Restrict your ability to go to certain locations Violating an injunction — even through indirect contact — is a First-Degree Misdemeanor and carries immediate arrest with no civil citation alternative. Repeat violations can be charged as a Third-Degree Felony. Possible Defenses to Domestic Violence Charges Every domestic violence case is different, and there are many defenses available depending on the specific facts: • Self-defense or defense of others — Florida's self-defense laws apply equally in domestic situations • False allegations — accusations motivated by divorce proceedings, custody disputes, jealousy, or revenge • Lack of evidence — no physical injury, no witnesses, no corroborating evidence • Inconsistencies in the alleged victim's account — prior inconsistent statements, recantation, or changing stories • The contact was accidental — not intentional as required by the statute • Mutual combat — both parties were equally involved • The alleged victim initiated the physical contact • Unlawful arrest or constitutional violations — improper search, seizure, or interrogation What to Do If You Are Arrested for Domestic Violence If you have been arrested for a domestic violence offense, take the following steps immediately: 1. Do not make any statements to law enforcement without an attorney present. Anything you say will be used against you. 2. Do not contact the alleged victim — even if they reach out to you first. A no-contact order violation is a separate criminal offense. 3. Do not post anything on social media about the incident, the alleged victim, or your arrest. 4. Contact a criminal defense attorney immediately. The decisions made in the hours and days following a domestic violence arrest can have a lasting impact on the outcome of your case. Why You Need a Defense Attorney Domestic violence cases are among the most aggressively prosecuted in Florida. Prosecutors have specialized units dedicated to these cases and are trained to proceed even without victim cooperation — using 911 calls, body camera footage, neighbor statements, medical records, and text message history. At Irizarry DUI and Criminal Defense, PLLC, Attorney Erica Irizarry brings the perspective of a former prosecutor and public defender to every domestic violence case. She knows exactly how the State builds these cases — and where they can be challenged. From the initial arrest through final disposition, she will fight to protect your rights, your record, your family relationships, and your future. Se habla español. Call today for a free and confidential consultation: (813) 509-6075 Email: erica@fllegaldefense.com criminallawyertampaei.com

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