Florida Domestic Violence Law
Understanding Domestic Violence Charges in Florida
If you’ve been accused of domestic violence in Florida, you could face serious penalties, including jail time, fines, and a permanent criminal record. At Russo Law & Advocacy, Dominique Russo defends clients across Palm Beach, Broward, and Miami-Dade Counties against these charges.
Under Florida Statute § 741.28, domestic violence includes assault, battery, stalking, or any criminal offense resulting in physical harm or death to a family or household member. Below, we explain the charges, penalties, and defenses under Florida law.
Is Domestic Violence a Felony in Florida?
Domestic violence charges can be misdemeanors or felonies, depending on the circumstances:
1. Misdemeanor Domestic Violence
- Simple domestic battery (first offense) – 1st-degree misdemeanor (up to 1 year in jail, $1,000 fine).
- Violation of a restraining order – 1st-degree misdemeanor.
2. Felony Domestic Violence
- Aggravated domestic battery (serious injury or use of a weapon) – 2nd or 3rd-degree felony (up to 15 years in prison).
- Domestic battery by strangulation – 3rd-degree felony (up to 5 years in prison).
- Repeat offenses – A second domestic battery charge can become a 3rd-degree felony.
Key Statute: Florida Statute § 741.28 defines domestic violence and its penalties.
Penalties for Domestic Violence in Florida
| Charge | Classification | Maximum Penalty |
|---|---|---|
| Simple Domestic Battery | 1st-degree misdemeanor | 1 year jail, $1,000 fine |
| Aggravated Domestic Battery | 2nd/3rd-degree felony | 5-15 years prison |
| Domestic Battery by Strangulation | 3rd-degree felony | 5 years prison |
| Violation of Protection Order | 1st-degree misdemeanor | 1 year jail |
Additional consequences may include:
✔ Loss of gun rights
✔ Mandatory anger management classes
✔ No contact orders (restricting communication with the alleged victim)
Defenses Against Domestic Violence Charges
If you’re facing domestic violence charges in West Palm Beach, Fort Lauderdale, or Miami, possible defenses include:
✅ False Allegations – The accuser lied out of anger, revenge, or custody disputes.
✅ Self-Defense – You acted to protect yourself under Florida’s Stand Your Ground Law (§ 776.012).
✅ No Physical Evidence – Lack of injuries or witness testimony weakens the case.
✅ Improper Arrest – Police sometimes make arrests without proper investigation.
FAQs About Domestic Violence in Florida
1. What is considered domestic violence in Florida?
Any assault, battery, stalking, or criminal offense against a family/household member under § 741.28.
2. Can domestic violence charges be dropped in Florida?
Sometimes—if the victim recants, but prosecutors may still pursue the case.
3. Is domestic violence a felony on the first offense?
Usually not, but aggravated battery or strangulation can be felonies even for first-time offenders.
4. What happens if the victim doesn’t show up to court?
The case may still proceed if there’s other evidence (police reports, 911 calls).
5. Should I hire a lawyer for domestic violence charges?
Absolutely. A conviction can affect your job, gun rights, and family law cases.
Facing Domestic Violence Charges? Get Legal Help Today
If you’ve been accused of domestic violence in Florida, Dominique Russo at Russo Law & Advocacy can help. We serve clients in:
📍 Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
📍 Broward County (Fort Lauderdale, Hollywood)
📍 Miami-Dade County (Miami, Coral Gables)
📞 Free Consultation
Don’t risk your future—call now to discuss your defense!
