Domestic Violence Charges: Rights and Defenses in Florida

Introduction

Domestic violence is a serious criminal offense in Florida, and a conviction can lead to jail time, fines, restraining orders, and loss of parental rights. However, many domestic violence cases involve false accusations, misunderstandings, or lack of evidence.

If you are facing domestic violence charges in Florida, understanding your rights and possible defenses is crucial to protecting your future.

What Is Considered Domestic Violence in Florida?

Under Florida Statutes § 741.28, domestic violence includes any violent act or threat of violence committed against:
✔️ A spouse or ex-spouse
✔️ A co-parent (someone you share a child with)
✔️ A family member (by blood or marriage)
✔️ A current or former romantic partner
✔️ A cohabiting household member

Types of Domestic Violence Charges in Florida

Common domestic violence-related offenses include:

• Domestic Battery (Physical Violence) – Hitting, pushing, choking, slapping, etc.
• Aggravated Battery – Battery involving a deadly weapon or serious injury.
• Domestic Assault (Threats of Violence) – Threatening physical harm without actual contact.
• False Imprisonment – Preventing someone from leaving a location.
• Stalking or Cyberstalking – Repeatedly harassing, following, or threatening someone.
• Violation of a Restraining Order – Ignoring a court-issued protective order.

Penalties for Domestic Violence in Florida

Misdemeanor Domestic Violence (Simple Battery or Assault)

🚨 Charge: First-degree misdemeanor
💰 Fine: Up to $1,000
⏳ Jail Time: Up to 1 year
🚫 Mandatory Batterer’s Intervention Program
🚗 No Contact Orders – You may be prohibited from contacting the accuser.

Felony Domestic Violence (Aggravated Battery, Stalking, or Strangulation)

🚨 Charge: Third-degree felony or higher
💰 Fine: Up to $5,000
⏳ Prison Sentence: Up to 5-30 years, depending on the offense
🚗 Firearm Restrictions – A conviction may permanently revoke your right to own a firearm.

⚠️ Domestic violence convictions cannot be sealed or expunged—a guilty plea or conviction stays on your criminal record forever.

Protective Injunctions (Restraining Orders)

If you are accused of domestic violence, the alleged victim can request a restraining order (also known as an injunction for protection).

If granted, a restraining order may:
✔️ Prohibit you from contacting the accuser
✔️ Require you to move out of your home
✔️ Restrict your ability to see your children
✔️ Revoke your right to own firearms

🚨 Violating a restraining order is a separate criminal offense that can result in jail time.

Defenses to Domestic Violence Charges in Florida

Many domestic violence accusations are based on false claims, exaggerated incidents, or lack of evidence. Here are some common defenses:

1. Self-Defense

• If you were defending yourself from an attack, you may argue self-defense.
• Florida’s Stand Your Ground law may apply in some cases.

2. False Allegations

• Angry spouses, partners, or co-parents sometimes make false domestic violence claims during divorces or custody disputes.
• A skilled defense attorney can expose inconsistencies in the accuser’s story.

3. Lack of Evidence

• If there are no injuries, medical reports, or witnesses, the case may be weak.
• Text messages, phone calls, and social media posts may contradict the accuser’s claims.

4. Accidental Injury

• The alleged victim may have been injured accidentally, rather than through intentional violence.

5. Violation of Your Rights

• If police failed to read your Miranda rights or arrested you without probable cause, the charges may be challenged.

What to Do If You Are Accused of Domestic Violence

If you are arrested or accused of domestic violence, take these steps immediately:

✔️ Remain Silent – Do not discuss the case with police or the accuser.
✔️ Do Not Contact the Accuser – Even if they reach out to you.
✔️ Gather Evidence – Save text messages, emails, and other communications.
✔️ Write Down Details – Document what happened, including witnesses.
✔️ Hire a Criminal Defense Attorney Immediately – The sooner you act, the better your defense.

How a Domestic Violence Defense Attorney Can Help

A domestic violence conviction can have serious consequences, including:

• Jail or prison time
• Loss of child custody rights
• A permanent criminal record
• Employment difficulties

An experienced criminal defense attorney can:
✔️ Challenge false allegations
✔️ Gather evidence to prove your innocence
✔️ Negotiate with prosecutors for dropped or reduced charges
✔️ Represent you in restraining order hearings

At Bonderud Law, we aggressively defend individuals accused of domestic violence. If you have been charged, call us today for a consultation.

Conclusion

Domestic violence charges can have lifelong consequences, but being accused does not mean you are guilty. A strong defense strategy can help you fight the charges and protect your future.

If you or a loved one is facing domestic violence allegations in Florida, contact an experienced defense attorney immediately.