What counts as domestic violence in Florida
Florida doesn't have a single crime called "domestic violence." Under section 741.28, the label attaches to an ordinary offense like assault, battery, stalking or false imprisonment when it happens between family or household members. That means spouses and former spouses, relatives by blood or marriage, people who live together or used to live together as a family, and parents of a child in common, even if they never married or lived together.
The most common charge we see is domestic battery under section 784.03, which is touching or striking someone against their will, or intentionally causing bodily harm. It's a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. A second battery after a prior battery conviction becomes a third-degree felony. Domestic battery by strangulation, under section 784.041, is a third-degree felony on a first offense and also covers dating partners who never lived together.
What happens after a domestic battery arrest in Pinellas County
Section 741.2901 says a person arrested for domestic violence stays in custody until a judge sets bond. You can't bond out from the booking desk. First appearance usually takes place within 24 hours of the arrest, and you take part from the Pinellas County Jail on 49th Street North in Clearwater. Before that hearing, the State Attorney's Office pulls your history, including prior arrests and any injunctions ever filed against you, and puts it in front of the judge.
The judge sets a bond and almost always orders no contact with the alleged victim. After you're released, the case goes to the domestic violence unit at the State Attorney's Office for the Sixth Judicial Circuit, which decides whether to file formal charges. The timeline below walks through each stage of a Florida criminal case so you can see where yours stands.
How a domestic battery charge can be dropped
Just because you were arrested for domestic battery doesn't mean you've been charged with it. There's a gap between the arrest and the State's filing decision, and many cases can be dropped during that window before charges are ever filed. That's why we want to hear from you right away.
Doug Greenberg started his career as a state prosecutor, and part of that job was reviewing domestic battery arrests to decide whether charges should be filed. He knows what a filing prosecutor looks for and what makes them hesitate. We gather the 911 recording, body camera footage, photos, text messages and statements from people who were there, and we put the problems with the case in front of the prosecutor before the filing decision is made. Self-defense, a lack of visible injury, a false accusation during a custody fight, or an officer who arrested someone because both people had marks are all things we look at.
If charges are filed, there are still many ways to resolve a domestic battery case without a conviction on your record, and often without you having to appear at every court date. Depending on the facts, that can mean a dismissal, a reduction to a non-domestic charge, or in some cases a diversion program.
Can a victim drop domestic violence charges in Florida?
No. The case is brought by the State of Florida, not by the person who called the police. Florida takes a zero tolerance approach: section 741.2901 requires every State Attorney to adopt a pro-prosecution policy for domestic violence and allows prosecutors to file charges over the objection of the alleged victim.
What the other person wants still carries weight. Prosecutors read their statements, and a case with an uncooperative witness and no independent evidence is harder for the State to prove. But we can't advise the alleged victim, and you shouldn't ask them to change their story. Doing that can violate your no contact order and lead to new charges. If they want to speak with a lawyer, they should find one of their own.
Can a no contact order be lifted?
Yes, and this is often the first thing families ask us to fix. Under section 903.047, a no contact order bars any direct or indirect communication with the alleged victim and keeps you 500 feet away from their home, even if it's your home too. It lasts as long as you're on pretrial release unless the court changes it.
When a household depends on both people, getting contact back can't wait for the end of the case. We can file a motion to modify the order right away. The judge needs good cause, and the alleged victim has a right to be heard at that hearing. If you share children, the court can also name a third person to handle contact about the kids in the meantime. Until a judge signs a new order, don't call, text or visit, because a violation can get your bond revoked.
Florida domestic violence penalties
The sentence on a domestic battery conviction can include up to a year in jail, but several other consequences come with it automatically:
- Under section 741.281, a finding of guilt, a no contest plea, or even a withheld adjudication brings at least 1 year of probation and a Batterers' Intervention Program. Under section 741.325, that program runs at least 29 weeks with 24 weekly sessions, and you pay for it.
- Under section 741.283, if you're adjudicated guilty and the court finds you intentionally caused bodily harm, the judge must order at least 10 days in the county jail on a first offense. That rises to 15 days if a child under 16 in the household was present.
- Under section 943.0584, a domestic assault or battery can never be sealed or expunged once there's a plea or finding of guilt, even with adjudication withheld.
- Federal law can bar a person convicted of misdemeanor domestic violence from owning a firearm.
Because none of these can be undone after a plea, the work we do before the State files charges is usually where the most can be saved. If a related domestic violence injunction has been filed against you, that case is separate and has its own hearing date.
Domestic violence questions we hear most often
Can I go home after a domestic violence arrest in Florida?
Usually not while the no contact order is in place. The order keeps you 500 feet from the alleged victim's residence even if you live there too, so plan on staying somewhere else. If you need clothes or work items, call us before you go back for them. We can also ask the judge to modify the order.
Will I go to jail for domestic battery in Florida?
The maximum for a misdemeanor domestic battery is 1 year. A 10-day minimum applies only if you're adjudicated guilty and the court finds you intentionally caused bodily harm. Many cases end with a dismissal or a resolution that involves no jail beyond the night of the arrest.
Can a domestic battery charge be sealed in Florida?
Not if you plead guilty or no contest, or are found guilty, even with adjudication withheld. If the charge is never filed, is dropped, or ends in an acquittal, you can usually ask to have the arrest sealed or expunged. Our record sealing and expungement page explains how that works.
How long does a no contact order last in Florida?
It stays in effect for as long as you're on pretrial release, which usually means until the case ends, unless a judge modifies it. If the State declines to file charges, the case closes and the order ends with it.
Do I need a lawyer if the alleged victim doesn't want to press charges?
Yes. The State Attorney decides whether to file, and Florida law lets prosecutors go forward over the alleged victim's objection. A lawyer can present the reasons not to file before the decision is made and work on lifting the no contact order at the same time.