Overview of Florida’s Domestic Violence Law
Florida Statute § 741.28 provides the definitional framework for domestic violence in the state. Rather than creating a standalone “domestic violence” crime, the statute defines domestic violence as the commission of certain criminal offenses between family or household members. The underlying crimes (battery, assault, stalking, etc.) carry their standard penalties, but the domestic violence designation triggers a series of additional mandatory consequences.
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons currently or formerly residing together as a family, and persons who have a child in common regardless of whether they have been married or lived together.
How Domestic Violence Is Charged
The most common domestic violence charge is domestic violence battery (§ 784.03 combined with § 741.28). Other domestic violence offenses include:
- Domestic violence assault (§ 784.011)
- Domestic violence aggravated assault (§ 784.021)
- Domestic violence aggravated battery (§ 784.045)
- Domestic violence stalking (§ 784.048)
- Domestic violence strangulation (§ 784.041(2)(a))
- Domestic violence kidnapping (§ 787.01)
Mandatory Consequences
Florida law imposes several mandatory consequences for domestic violence offenses that do not apply to non-domestic cases:
Mandatory Arrest (§ 741.29)
Law enforcement officers must arrest a person if they have probable cause to believe domestic violence has occurred. This is a “must arrest” rather than a “may arrest” standard, leaving officers little discretion.
No-Contact Order
Upon arrest, a no-contact order is typically imposed, prohibiting the defendant from any contact with the alleged victim. Violating this order is a separate first-degree misdemeanor.
Batterer’s Intervention Program (§ 741.281)
Any person adjudicated guilty of a domestic violence offense must attend and complete a 29-week batterer’s intervention program. This is mandatory even for misdemeanor domestic battery.
Minimum Jail Sentence
For domestic violence battery convictions, courts must impose the minimum sentence required under the Criminal Punishment Code scoresheet. The domestic violence designation adds 29 points to the scoresheet.
Firearms Prohibition
Under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)), any person convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms. This applies even to adjudication withheld in some federal circuit interpretations.
Cannot Seal or Expunge
Under § 741.2901(3), a domestic violence case cannot be sealed or expunged, even if adjudication is withheld. This makes the domestic violence designation particularly consequential.
Injunctions for Protection (§ 741.30)
Alleged victims can seek domestic violence injunctions (restraining orders) through civil court. These can be issued on a temporary (ex parte) basis and, after a hearing, on a permanent basis. Violations of injunctions are criminal offenses.
Defenses to Domestic Violence
Self-defense is the most common defense. Other defenses include lack of evidence (many domestic violence cases are “he said, she said” situations), recantation by the alleged victim (though prosecutors can and do proceed without victim cooperation), mutual combat, and alibi. Some defense attorneys also challenge the “family or household member” relationship if it does not clearly fall within the statute’s definition.
How Our Data Relates
Domestic violence cases in our database reveal important patterns. Dismissal rates tend to be relatively high compared to other violent crimes, often because alleged victims become uncooperative or recant. However, the data also shows that when cases proceed to resolution, conviction rates are substantial. County-level variation in prosecution approach is notable—some State Attorney’s Offices have dedicated domestic violence units that pursue cases even without victim cooperation.