Domestic battery charges: What you need to know

On Behalf of | Nov 16, 2021 | blog, Domestic Violence

Domestic violence battery involves intentionally touching or causing bodily harm to a family or household member against their will.

The state of Florida prosecutes domestic battery charges more harshly than other battery offenses.

What actions may result in domestic battery charges?

When a person acts in a way that is likely to cause injury to a family member, it can result in a domestic battery charge. Behavior that may warrant these charges includes:

  • Pushing
  • Slapping or punching
  • Throwing objects
  • Choking
  • Using weapons against someone

Who is a family or household member?

Florida’s statute related to domestic battery requires that the family member either currently resides with you or did so previously. If you share a child, this living condition rule does not apply. Under state law, family or household members can include:

  • Spouses
  • Anyone related by blood
  • People living together as a family
  • Co-parents
  • Ex-spouses
  • People who lived together as a family in the past

What are the penalties for domestic battery in Florida?

A domestic violence battery charge is a first-degree misdemeanor in Florida. A conviction requires a minimum of one year of probation but can also incur up to one year of jail time and a $1,000 fine.

You may also face penalties such as:

  • Mandatory completion of a Batterer’s Intervention Program
  • Five days of jail time if your actions resulted in bodily injury
  • Community service hours
  • Loss of concealed carry rights
  • Impositions of a no-contact order

How can you defend domestic battery charges?

You have various legal options to defend your charges. The strategies you use to address your charges depend on the circumstances of your case.

Florida courts take domestic violence charges seriously, and it is necessary to understand your rights and defense options to avoid severe penalties.


FindLaw Network