Domestic Violence in Florida: What You Need to Know

Are you or your loved one facing charges of domestic violence in Florida? This can be an overwhelming and distressing experience, but it’s essential to understand the laws surrounding domestic violence in the state.

In Florida, the state has comprehensive domestic violence laws that address various forms of violence within familial or household relationships. 

In this blog, let’s discuss the intricacies of domestic violence laws in Florida and how a reliable criminal defense team, such as Fletcher & Fletcher, can give you the utmost support you need and help you through its complexities.

While Florida Statute 741.28 provides a definition of domestic violence as any criminal offense that results in physical injury or death within a household, its scope can extend far beyond these parameters. 

This kind of charge encompasses a wide range of behaviors and actions committed by a household member or family against another family or household member. These behaviors could include the following: 

Moreover, it’s crucial to note that domestic violence isn’t limited to physical violence but can also include emotional and psychological abuse.

Florida imposes strict penalties for those convicted of domestic violence offenses. Mandatory minimums are prescribed by Florida Statutes Section 741.283, ranging from 10 to 20 days in county jail, depending on the offense’s severity. 

Additional penalties may include fines, probation, attendance at intervention programs, and completion of community service. Violating a domestic violence injunction could result in further penalties, including jail time and probation.

Domestic violence encompasses a range of abusive treatment directed towards a family member or partner within a household. 

Here are the following behaviors that could cause an individual to be charged with domestic violence:

1. Domestic Battery

In Florida, domestic battery is any intentional touching or striking of another person without consent to cause bodily harm. When there is inflicted harm upon a family or household member, it falls under the umbrella of domestic violence.

2. Aggravated Battery

Aggravated battery involves the intentional striking or touching of another person against their will; this form of violence is often associated with the use of a deadly weapon. This usually results in great bodily harm, permanent disfigurement, or disability to the victim. 

It is considered one of the most serious domestic violence charges in Florida, with potential penalties of up to 15 years in prison and hefty fines of not less than $10,000.

3. Assault

In Florida, assault and battery are separate but equally serious offenses. Assault, characterized by the mere threat of violence, doesn’t necessitate physical contact for charges to be filed.

Domestic assault includes any act intending to cause apprehension of harmful or offensive contact or any act that creates apprehension in the victim that contact is imminent. 

Even the mere threat of violence towards a family member or significant other can lead to second-degree misdemeanor consequences, including jail time of up to 60 days and a $500 fine.

4. Aggravated Assault

When an individual threatens someone with a deadly weapon, the assault charges can escalate to aggravated assault. Deadly weapons could be categorized as various items capable of causing fatal or severe injuries. 

Aggravated assault charges, especially in domestic situations, can be classified as misdemeanors or felonies, carrying penalties of up to 5 years in prison and substantial fines amounting to $5,000.

Florida has a mandatory arrest policy for domestic violence cases, requiring law enforcement officers to make an arrest when probable cause exists. This policy aims to protect victims from further harm and potential escalation of violence. 

Additionally, Florida prosecutors follow a “no-drop” policy for domestic violence cases, which implies that once charges are pressed, the victim lacks the unilateral authority to request their dismissal. 

This policy aims to prevent coercion or intimidation of victims by abusers and prioritizes victim safety and justice.

Navigating the legal system of Florida can be daunting, especially when facing charges as serious as domestic violence. That is why if you or a loved one are facing domestic violence charges in Florida, it’s crucial to seek experienced legal representation with a positive reputation in the industry.

Jenna Fletcher and Rick Fletcher are here to help navigate the complexities of domestic violence laws and provide aggressive defense strategies. Wherever you are in Florida, our dedication extends beyond office hours – as a husband and wife team, we go above and beyond for our clients by going all in.

Start the fight for your rights today, and contact us to schedule your free initial consultation.