Understanding the law around domestic violence battery in Florida

On Behalf of | Dec 28, 2022 | Criminal Defense

Facing a charge of domestic violence battery is emotionally difficult and stressful enough. Knowing what to expect can alleviate some of the stress and worry associated with this particular legal charge.

A charge of domestic violence battery, like other battery charges, alleges unwanted touching or striking of another person. However, unlike other battery charges like simple battery or aggravated battery, domestic violence battery also requires that the alleged victim be a family member or household member of the perpetrator.

Who is considered “family or household member” under Florida law?

Under Florida statute 741.28, this includes:

  • Spouses
  • Former spouses
  • Persons related by blood or marriage
  • Persons who presently reside together or in the past resided together as if a family
  • Persons who are parents of a child together

Other than two people who are parents of a child together, all of these categories require that the two people must currently reside together or in the past have resided together.

What are penalties?

Under Florida law, domestic violence battery is classified as a first-degree misdemeanor. Penalties can include jail time, probation and fines, as well as additional penalties such as rehabilitation programs, community service, stay away and ‘no contact’ orders.

What should you do if you’re facing a domestic violence battery charge?

Like all criminal charges, the severity of domestic violence battery charges can vary based on your own situation. The first thing you should do is contact an experienced attorney such as Lee Viacava who works on these cases daily. Mr. Viacava can give you guidance based on your specific situation and needs.