An argument at home can lead to arrest fast. Once police step in, a family fight can become a criminal case. The one question that often is asked right away, is “Is domestic violence a felony in Florida?” The answer is that domestic violence can be either a misdemeanor or a felony in Florida. The charge depends on the facts.
At the Cortes Legal Group, in Orlando, we help people in Orange, Osceola, and Seminole Counties understand the charges they face, the potential consequences, and the legal options available to them. If you face domestic violence charges, our domestic violence lawyers can review the facts and explain your next steps.
What Counts as Domestic Violence in Florida?
Florida does not treat domestic violence as one crime. It is a label for crimes between people in a family or household relationship.
Under Florida Statute § 741.28, domestic violence can include:
- Assault
- Aggravated assault
- Battery
- Aggravated battery
- Sexual assault
- Sexual battery
- Stalking
- Aggravated stalking
- Kidnapping
- False imprisonment
- Other crimes that cause injury or death
Domestic violence charges can be filed against spouses, former spouses, and blood relatives. These charges can also be filed against people who live or lived together as a family, and parents who share a child.
When Is Domestic Battery a Misdemeanor?
Battery is a common charge in a domestic case. Under Florida Statute § 784.03, battery means touching or hitting another person against that person’s will or causing bodily harm.
Ordinary battery is usually a first-degree misdemeanor. If the alleged victim is a family or household member, the case may count as domestic violence. Even when the charge is only a misdemeanor, domestic battery is still serious. A conviction can mean jail, fines, and long-term problems. In Florida domestic battery cases, contact limits can be hard when people share a home, have children, or share bills.
When Can Domestic Violence Become a Felony?
Several facts can turn a case into a felony or make the charge more serious:
Prior Domestic Violence Convictions
A person’s record can change the result of a new case. Florida law allows higher penalties for some repeat domestic violence offenses. In some cases, a new charge can be treated as a domestic violence felony. This is one reason a criminal defense lawyer should review both the new facts and the person’s record.
Prior Battery Convictions
Prior battery convictions can also change the charge. Under Florida law, a person with some prior convictions may face felony battery for a new battery charge.
That matters because a felony conviction can have much larger long-term effects.
Domestic Battery by Strangulation
Domestic battery by strangulation is a serious felony in Florida. It can happen when someone knowingly and deliberately blocks normal breathing or blood flow of a family or household member, or of someone in a qualifying dating relationship, by pressing on the throat or neck or blocking the nose or mouth in a way that risks or causes great bodily harm. This offense is a third-degree felony.
Felony Battery Involving Serious Injury
The injury can also change the charge. Florida law allows felony battery when a touch or hit causes great bodily harm, permanent disability, or permanent disfigurement.
Two cases can look alike at first, but the injury can change the charge.
Aggravated Assault
An aggravated assault can also lead to felony charges.
Assault means a threat to do violence. The person must seem able to do it. The threat must also create real fear that violence is about to happen. It becomes aggravated when a deadly weapon is used without an intent to kill, or when the person plans to commit a felony.
Aggravated Battery
Aggravated battery is another felony charge that can come from a domestic violence case.
Serious injury, use of a deadly weapon, and other facts can make the case much more serious.
Because felony charges carry more risk, it is important to know what happened and whether the evidence supports the State’s case.
What Happens After a Domestic Violence Arrest?
A domestic violence arrest can bring serious problems, even before the case ends. A judge may order no contact with the alleged victim. That can be hard when the parties:
- Live in the same home
- Are married
- Have children together
- Share property
- Work together
- Share bills or other money duties
A judge may issue a domestic violence injunction or a no-contact order. Anyone facing a domestic violence charge should follow all court orders. Trying to fix things in private can cause new legal trouble if contact is barred. Even if the other person reaches out first, do not ignore a court order.
Frequently Asked Questions
Is every domestic violence arrest in Florida charged as a felony?
No. It can be a misdemeanor or a felony. The charge depends on the offense, the relationship, any injury, prior convictions, weapon use, and other facts.
What makes an offense a domestic violence case under Florida law?
It usually involves a crime between people with a family or household relationship. That can include spouses, former spouses, relatives, people who live or lived together as a family, and parents who share a child.
When can domestic battery become a felony?
Domestic battery may become a felony with prior qualifying convictions, strangulation, serious injury, permanent disability, permanent disfigurement, a deadly weapon, or other facts.
Can a misdemeanor domestic battery charge still have serious consequences?
Yes. Even a misdemeanor can lead to jail, fines, contact limits, housing trouble, job concerns, and other long-term effects.
Why is it important to follow no-contact orders after a domestic violence arrest?
Breaking a court order can create new legal problems, even if the other person reaches out. Follow every court order unless a judge changes it.
When should I call a domestic violence lawyer?
Call one right after an arrest or charge. A domestic violence lawyer can review the facts, explain the risk level, and help protect your rights.
Contact the Cortes Legal Group in Orlando for Quality Criminal Defense
A domestic violence charge can put your freedom, reputation, career, and family relationships at risk. The decisions you make early in the case can matter, which is why it is important to speak with an experienced criminal defense attorney as soon as possible.
At the Cortes Legal Group, attorneys Fernanda Cortes and Randy McClean provide personalized, strategic representation to clients throughout Central Florida, including Orange, Osceola, and Seminole counties. We carefully review the circumstances of each case, explain the charges and possible consequences, and identify available defense options. If you have been arrested or accused of domestic violence, do not face the criminal justice system alone. Contact the Cortes Legal Group today to discuss your case and take the first step toward protecting your rights, your freedom, and your future. Call us 24/7.
Phone: (407) 800-3709
We offer multilingual services in Portuguese and Spanish
