- By Longwell Lawyers
Domestic violence charges in Florida carry serious consequences—mandatory jail time in some cases, loss of firearm rights, probation, and even long-term restrictions on your record. Unlike other offenses, prosecutors often continue with these cases even if the alleged victim does not want to pursue charges. Understanding what qualifies as domestic violence, the penalties involved, and the court process is crucial if you or someone you know is facing these allegations.
Understanding Domestic Violence Under Florida Law
Florida law defines domestic violence not as one specific offense, but as a category of crimes committed by one family or household member against another. Crimes that fall into this category include:
- Assault and aggravated assault
- Battery and aggravated battery
- Sexual assault and sexual battery
- Stalking and aggravated stalking
- Kidnapping and false imprisonment
- Any criminal offense resulting in physical injury or death
Family or household members under the law include current or former spouses, relatives by blood or marriage, individuals who live or have lived together as a family, and parents of a child in common, regardless of marital status.
The Arrest Process and First Court Appearance
In Florida, law enforcement officers are instructed to arrest the primary aggressor if they have probable cause to believe domestic violence occurred. This means even if both parties accuse each other, officers must decide who the main aggressor is, and that person will likely be arrested.
Once arrested:
- Defendants are usually held until a first appearance hearing, where a judge reviews the charges.
- Judges often impose a no-contact order between the defendant and the alleged victim.
- Violating a no-contact order can result in a new charge, immediate arrest, and stricter release conditions.
Importantly, the decision to prosecute lies with the State Attorney’s Office, not the alleged victim. Even if the victim requests to “drop” the charges, prosecutors may continue with the case.
Penalties for Domestic Violence in Florida
Florida law takes domestic violence seriously and imposes penalties that go beyond those for ordinary misdemeanors or felonies.
Jail Time and Probation
- First offense involving bodily harm: At least 10 days in jail.
- Second offense involving bodily harm: At least 15 days in jail.
- Third or subsequent offenses: At least 20 days in jail.
- If the offense occurs in front of a child under 16 who is a family or household member, the minimum increases to 15, 20, and 30 days respectively.
In addition to jail time, judges must impose at least one year of probation and require completion of a Batterers’ Intervention Program (BIP) unless they explain in detail why the program is inappropriate.
Firearm Restrictions
Defendants subject to a final domestic violence injunction cannot legally possess firearms or ammunition under Florida law. Federal law also bars individuals convicted of misdemeanor crimes of domestic violence from possessing firearms.
Long-Term Record Consequences
Domestic violence charges are generally not eligible for sealing or expungement, even if the court withholds adjudication. This means a DV arrest or conviction can remain on your record permanently.
Civil Protective Orders (Injunctions)
Separate from criminal charges, alleged victims may file for a civil injunction (commonly known as a restraining order). Types include:
- Domestic violence injunctions (for family/household members)
- Dating violence injunctions (for significant romantic relationships)
- Repeat violence injunctions (for repeated incidents)
- Sexual violence injunctions
- Stalking/cyberstalking injunctions
Courts can issue a temporary injunction immediately and then hold a hearing within about 15 days to decide on a permanent order. If granted, injunctions often include restrictions on contact, residence, and firearms.
Collateral Consequences of a Domestic Violence Charge
Many people focus on the criminal penalties but overlook the lasting effects these cases can have:
- Employment: A conviction can show up in background checks and jeopardize job opportunities.
- Housing: Landlords and property managers often deny applications due to criminal history.
- Family law: Domestic violence findings can affect custody, visitation, and timesharing decisions in family court.
- Reputation: Even an arrest without conviction can carry a heavy stigma.
Common Questions About Domestic Violence Charges
Can the alleged victim drop the charges?
No. Once a domestic violence case is filed, the prosecutor controls whether it moves forward, not the alleged victim.
What if I violate a no-contact order?
Any violation—whether by phone, text, email, or in person—can result in a new criminal charge and jail time. Even indirect contact through a third party may violate the order.
Do I have to attend a Batterers’ Intervention Program?
Yes, unless the court states in writing why the program is not required. The program usually lasts 26 weeks and is mandatory for probation compliance.
Can I seal or expunge my record?
In most cases, domestic violence charges are ineligible for sealing or expungement, even if adjudication is withheld.
Why These Charges Require Immediate Action
Florida’s domestic violence laws are structured to prioritize victim safety and swift prosecution. From mandatory arrest policies to strict penalties, these charges carry consequences that can impact every aspect of life—criminal, civil, and personal.
Anyone facing allegations should understand that these cases move quickly, and failing to respond properly can mean losing your rights, freedom, or future opportunities.
How Longwell Lawyers Can Help
At Longwell Lawyers, our team has decades of experience handling criminal defense cases throughout Central Florida, including domestic violence charges. We understand the complexities of these cases and the stress they place on individuals and families.
From examining evidence to challenging the prosecution’s case, we work to protect your rights and guide you through the legal process. If you need to discuss your situation, visit our contact page or call us today at (407) 537-5597 to schedule a confidential consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
