Understanding What Qualifies as Domestic Violence in Florida
Domestic violence is a serious charge under Florida law — and often one of the most misunderstood. The term refers to acts of violence or threats committed between individuals who share a close or familial relationship. While many people associate it only with physical abuse, Florida’s legal definition extends to a broader range of conduct.
Under Florida Statute §741.28, domestic violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense that results in physical injury or death to one family or household member by another.
However, not every disagreement or act between couples or family members falls under “domestic violence.” For example, if two people are dating but do not live together and share no child, an act of violence between them may still be a criminal offense — but it is not classified as domestic violence. In that case, the alleged victim could seek a dating violence injunction under Florida Statute §784.046.
Who Qualifies as a Family or Household Member?
To be considered domestic violence, the alleged act must involve individuals who meet Florida’s legal definition of “family or household members.” This includes:
- Current or former spouses
- People related by blood or marriage
- Individuals living together (or who have lived together) as a family
- Parents who share a child, regardless of marital status
Except for co-parents, the individuals must currently live together or have lived together in the same residence to qualify under Florida’s domestic violence statutes.
This means, for example, that an altercation between two dating partners who live separately would not be classified as domestic violence — though it may still lead to a standard assault or battery charge.
The Difference Between a Regular Battery and Domestic Violence Battery
Why does this distinction matter? Because when an offense is charged as domestic violence, the penalties and long-term consequences are significantly more severe.
A first-time battery under Florida Statute §784.03 carries up to one year in jail. But if that same act is considered domestic violence, the court may impose additional mandatory penalties, including:
- A minimum of five days in jail
- 12 months of probation
- Completion of a 26-week Batterers’ Intervention Program (BIP)
- Community service requirements
- Loss of firearm rights
- Possible restraining or no-contact orders
And perhaps most importantly, a domestic violence conviction can never be sealed or expunged from your criminal record. That means future employers, landlords, and even family court judges can see it permanently.
Misdemeanor vs. Felony Domestic Violence in Florida
Domestic violence charges in Florida range from misdemeanors to serious felonies.
- Misdemeanor domestic violence generally applies to first-time offenses with no serious injury or weapon use.
- Felony domestic violence is typically charged in cases involving repeat offenders, strangulation, serious bodily injury, or violation of a protective injunction.
Even a misdemeanor domestic violence charge can have devastating long-term effects — including loss of reputation, career setbacks, and restrictions on where you can live or work.
Federal Domestic Violence Laws
Most domestic violence cases are prosecuted at the state level. However, certain situations fall under federal jurisdiction through the Violence Against Women Act (VAWA) and 18 U.S.C. §2261.
Federal law makes it a crime to cross state lines with the intent to injure, harass, or intimidate an intimate partner, spouse, or dating partner — or to cause them to cross state lines under duress or coercion. Depending on the harm caused, federal penalties can range from five years to life in prison.
Why You Need an Experienced Defense Attorney
Florida courts take allegations of domestic violence extremely seriously — and even minor misunderstandings can lead to life-changing criminal charges. Once law enforcement is involved, cases can move quickly, often before the accused has a chance to tell their side of the story.
That’s why it’s critical to have an experienced Fort Lauderdale criminal defense lawyer on your side who understands both the legal process and the personal impact of these accusations.
With nearly four decades of experience, Attorney A. Randall Haas has defended countless clients throughout Broward, Miami-Dade, and Palm Beach Counties against domestic violence and related charges. He knows how to challenge weak evidence, question witness credibility, and ensure your constitutional rights are protected at every stage of the process.
Protect Your Future — Contact A. Randall Haas
A domestic violence charge can affect your freedom, your reputation, and your future. Don’t face it alone.
Call A. Randall Haas, an experienced Fort Lauderdale criminal defense attorney, for a confidential consultation. Mr. Haas will personally review your case, explain your options, and fight aggressively to protect your rights.
📞 Call (954) 763-9210 today or visit fortlauderdalecriminaldefenselawyer.us to schedule your free consultation.