Tampa Domestic Violence Lawyer: Domestic Battery Charges Under Florida Law

A domestic violence arrest can change daily life quickly. Generally, under Florida law, a person arrested on a domestic charge stays in custody until a judge addresses release, and release conditions often limit contact with a spouse, partner, or household, sometimes including the family home. Attorney Ron Frey of The Frey Law Firm, LLC defends people charged with domestic violence and domestic battery in Tampa, throughout Hillsborough and Pinellas Counties, and across Florida. As a Tampa domestic violence lawyer, he takes these allegations seriously, and he also knows that an arrest is the start of a case, not the end of one.

If you or a family member has been arrested, call (813) 775-2276 or toll-free (844) 766-3739. Consultations are free and confidential.

What Counts as Domestic Violence in Florida

Generally, under Florida law, domestic violence is not a single crime. It is a label that attaches to certain offenses when they are committed by one family or household member against another. At the time of this writing, those offenses include assault, battery, aggravated assault and aggravated battery, stalking, sexual offenses, kidnapping, false imprisonment, and other crimes that result in physical injury.

These laws change often, so it is a good idea to talk with an attorney about the details that apply to your situation.

Under Florida law, “family or household members” generally include:

• spouses and former spouses,
• people related by blood or marriage,
• people who live together as a family now, or who have in the past, and
• people who share a child, whether or not they were ever married.

Except for parents who share a child, the people involved generally must live together now or have lived together in the same home at some point. A dating partner who never lived with the accused may fall outside this definition, but other laws, such as dating violence injunctions and the strangulation offense discussed below, can still apply.

Domestic Battery, Aggravated Battery, and Battery by Strangulation

Most domestic cases are charged as domestic battery. Generally, battery in Florida means intentionally touching or striking someone against their will, or intentionally causing bodily harm. No visible injury is required. A first battery charge is usually a misdemeanor, although a prior battery conviction can raise a new charge to a felony. (Our post What Counts as Battery in Florida? explains the basic offense in more detail.)

Some domestic cases are charged more seriously:

• Aggravated battery applies when a battery causes great bodily harm, permanent disability, or permanent disfigurement, when a deadly weapon is used, or when the alleged victim was pregnant. It is generally charged as a felony.
• Domestic battery by strangulation applies when a person is accused of intentionally impeding another person’s normal breathing or blood circulation, by pressure on the throat or neck or by blocking the nose or mouth, in a way that creates a risk of great bodily harm or causes it. It can also apply to dating relationships and is generally charged as a felony.

The difference between a misdemeanor and a felony often turns on details: what the injuries were, what any medical records show, and what was actually said in the first statements to police.

The Arrest, the No-Bond Hold, and First Appearance

When officers find probable cause that an act of domestic violence occurred, Florida law allows them to arrest without the alleged victim’s consent, and arrest is the preferred response for the person officers identify as the primary aggressor. In practice, a call to a home often ends in an arrest, even when no one wanted one.

After a domestic violence arrest, Florida law generally requires the person to remain in custody until a judge addresses release, rather than posting a standard bond. The person waits for first appearance, where the judge sets bond and conditions. Before that hearing, the State Attorney’s Office gathers the person’s history, including prior arrests and prior injunctions, and the court considers the safety of the alleged victim and any children when deciding on release. (We walk through that first day in our post on first appearance in Hillsborough County.)

No-Contact Conditions

Release in a domestic case almost always comes with a no-contact condition. That usually means no contact of any kind with the alleged victim: not in person, by phone, by text, through social media, or through friends or family. It often means staying away from the shared home, even if your name is on the lease or the deed.

Courts expect these conditions to be followed closely. Generally, a willful violation of a pretrial release condition in a domestic case is a separate crime, and the person is again held until first appearance. Only the court can change a no-contact condition. The alleged victim’s wishes do not change it, and neither does an invitation to come home. If a condition is causing real hardship, for example around children or property, the usual path is to raise it with the court through a lawyer.

When the Alleged Victim Does Not Want to Proceed

People are often surprised to learn that the alleged victim does not “press charges” or “drop charges” in Florida. The State decides. Generally, Florida State Attorney’s Offices follow a pro-prosecution approach in domestic violence cases, and prosecutors can file, continue, or resolve a case even if the alleged victim objects.

What the alleged victim wants can still matter to how a case is evaluated, but any communication about the case should go through the proper channels, not through the accused. Attorney Ron Frey never advises a client to contact an alleged victim, and contact that a court order forbids can create new charges.

Injunctions Are a Separate Case

A domestic violence injunction (often called a restraining order) is a civil case filed by the person seeking protection. It is separate from the criminal case, even when both arise from the same incident. An injunction can order a person out of the home, restrict contact, and address temporary custody and support. Violating an injunction is generally a separate crime.

The two cases affect each other. What a person says at an injunction hearing can be used in the criminal case, and an injunction can stay in place after the criminal case is resolved. For anyone facing both, it is generally wise to talk with a lawyer about the criminal case before the injunction hearing.

Firearm Consequences: Florida and Federal Law

Domestic violence cases can carry firearm consequences that many people do not expect:

• Florida law generally prohibits a person who is subject to a final domestic violence injunction from having firearms or ammunition in their care, custody, possession, or control while the injunction is in effect.
• Federal law generally prohibits firearm and ammunition possession by a person subject to certain qualifying protective orders involving an intimate partner. It can also prohibit possession by a person convicted of a “misdemeanor crime of domestic violence,” and that prohibition generally does not end when probation ends.

Whether a particular outcome triggers the federal prohibition depends on the offense, the relationship, and how the case is resolved. For anyone who owns firearms, hunts, or carries a firearm for work, this needs to be part of the conversation from the start.

Batterers’ Intervention and Other Common Conditions

When a person is found guilty of, pleads no contest to, or has adjudication withheld on a domestic violence crime, Florida law generally calls for at least one year of probation and completion of a batterers’ intervention program, unless the judge explains on the record why the program would be inappropriate. Other common conditions include no-contact or limited-contact terms, counseling or evaluation, and fees. If the court adjudicates a person guilty of a domestic violence crime involving intentional bodily harm, Florida law generally also calls for a minimum jail term, which can be longer if a child who is a family or household member was present.

Probation in a domestic case is closely supervised. A missed class or an unauthorized contact can lead to a violation. (See our post on violation of probation.)

How a Domestic Case Can Follow You

Generally, Florida treats domestic violence records more strictly than many others. At the time of this writing, a guilty or no-contest plea to a domestic assault or battery generally leaves a record that is not eligible for court-ordered sealing, even when adjudication is withheld. For felony domestic violence offenses, the law also limits when a judge may withhold adjudication at all. These consequences, along with the firearm rules above and possible effects on immigration status, professional licenses, and custody, are why a plea that looks “easy” at first appearance deserves careful thought before anyone accepts it.

Defending a Domestic Violence Charge

Every case is different, and no lawyer can promise an outcome. Defenses that come up often in domestic cases include:

• Self-defense. Florida law generally recognizes a person’s right to defend themselves or another family member. Officers are generally expected to try to identify the primary aggressor, and arrest is not the preferred response for someone who acted reasonably to protect themselves or another.
• Lack of evidence. Some cases rest largely on a single statement made in a stressful moment. Whether there are injuries, independent witnesses, recordings, or physical evidence can matter a great deal.
• Inconsistent statements. Accounts can change between the 911 call, the scene, written statements, and later interviews. Those differences can raise real questions about what happened.

Other issues, such as how the investigation was conducted, whether statements were obtained lawfully, and whether the charge fits the facts, are part of any careful review. As a general matter, Attorney Ron Frey’s advice to anyone contacted by law enforcement about a domestic incident is to use the right to remain silent and speak with an attorney before giving any statement.

Domestic Violence Cases in Hillsborough and Pinellas

Domestic cases in Tampa are handled in the Thirteenth Judicial Circuit, and cases in St. Petersburg and Clearwater are handled in the Sixth Judicial Circuit. Each county has its own jail, its own first appearance process, and its own prosecutors. See our Hillsborough County criminal defense and Pinellas County criminal defense pages. Domestic violence is one of several violent crimes we defend.

Talk With Attorney Ron Frey

Attorney Ron Frey has over 20 years of experience defending people accused of crimes. He will explain the process in plain English, review the conditions you are under, and talk through the options that may apply in your case. Your consultation is free and confidential. Please call first. You can talk with us by phone, by video, or at our Tampa office, and travel to meet a client elsewhere is decided case by case.

Call (813) 775-2276 or toll-free (844) 766-3739.

This page is for general information only. It is not legal advice, and reading it or contacting The Frey Law Firm, LLC does not create an attorney-client relationship. Laws and court practices change, and how they apply depends on the facts of each case.