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DOMESTIC VIOLENCE BATTERY- FLORIDA


DEFINITION, PENALTIES, AND DEFENSES FOR DOMESTIC BATTERY CRIMES


In Florida, Domestic Violence Battery (also known as Battery- Domestic Violence) is a serious offense that carries significantly enhanced criminal penalties. Due to political pressures and Florida’s rigid domestic relations statutes, Domestic Violence Battery is vigorously prosecuted throughout the State. If you have been arrested for such an offense, contact our Jacksonville attorneys at Hussein & Webber, PL to discuss defenses and and your legal options.


Definition of Domestic Violence Battery- Florida Law


Under Florida law, Domestic Violence Battery is defined as any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person, when the person struck is a “family or household member.”


Under Section 741.28, Florida Statutes, the term “family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family, persons who have resided together as if a family in the past, and persons who are parents of a child in common (regardless of whether they have been married). The statute specifically requires that the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. The only exception is for persons who have a child in common.


Penalties for Domestic Violence Battery in Florida


A Florida battery charge that carries a “domestic violence” designation means that the defendant will face enhanced penalties for the offense, which exceed those ordinarily applied in a simple battery case.  These additional penalties include:



Defenses to Domestic Violence Battery


In Florida, domestic violence battery is one of the most defendable charges in all of criminal law, and a decision to plead should not be made without a lawyer thoroughly reviewing your case and considering all of your legal options. Some of the most common defenses include:



Sealing or Expunging Domestic Battery Charges  


Under Florida law, a person who commits an act of domestic violence battery or any other domestic-related crime of violence, as defined in Section 741.28, Florida Statutes, is ineligible to have his or her record sealed or expunged, regardless of whether adjudication is withheld.  In other words, if you plead to any domestic violence battery charge, you will have lifetime criminal record for that offense. There are no exceptions to this rule.


“No Contact” Orders in Florida Domestic Violence Battery Cases


In many Florida domestic violence battery cases, the court presiding over the case will impose what is commonly known as a “No Contact” order. A no contact order is a type of injunction, prohibiting contact between the defendant and alleged victim.  For additional information on this topic, please visit our No Contact Order web page.



A domestic violence battery charge is a serious matter with severe penalties exceeding those of a conventional battery. If you have been accused, contact our Jacksonville attorneys to discuss your legal options.

DOMESTIC VIOLENCE STATUTE