• A lawyer and client shaking hands in a law office

Domestic violence allegations in Florida carry serious legal consequences that can be instated before your case goes to court. These charges can impact your home life, job, and future in ways you may not expect. 

This article will break down and examine the basics of Florida’s domestic violence laws, what typically happens after an arrest, and what steps you should take right away if you or a loved one is facing charges.

What Counts as Domestic Violence in Florida?

Under Florida Statute § 741.28, domestic violence includes any of the following acts committed by one household or family member against another:

  • Assault or aggravated assault
  • Battery or aggravated battery
  • Sexual assault or sexual battery
  • Stalking or aggravated stalking
  • Kidnapping or false imprisonment
  • Any criminal offense that results in physical injury or death

These charges can be applied to individuals who are spouses, former spouses, people related by blood or marriage, individuals who currently or previously lived together as a family, or those who share a child (regardless of whether they have ever lived together).

What Should You Do if You’re Accused of Domestic Violence?

If you’re facing a domestic violence accusation or have already been arrested, taking immediate and careful action is imperative. Here’s what to do next:

  1. Avoid all contact with the alleged victim. This includes calls, texts, and messages. Do not respond if the other party initiates contact. A court-issued no-contact order may be in place, and violating it can result in additional charges.
  2. Do not discuss your case online. Social media posts, texts, or emails could be used as evidence. You should not assume that anything you share online is private or harmless.
  3. Write down everything you remember. Include times, dates, witnesses, and what was said or done. Memories fade quickly; documenting early helps your defense.
  4. Secure any relevant evidence. This may include screenshots, photos, text messages, or witness names.
  5. Speak with an attorney as soon as possible. Florida courts move fast on domestic violence cases, and early legal intervention can shape the outcome.

Take time to learn more about how domestic violence cases are handled in your area:

What Happens After a Domestic Violence Arrest in Florida?

If police are called to a domestic disturbance and find probable cause, it is highly likely that someone will be arrested. An arrest can be made even if the alleged victim does not want to press charges.

After arrest, the following typically occurs:

  • Initial Appearance (First Appearance Hearing): Within 24 hours, a judge determines conditions for release. A no-contact order is often issued immediately.
  • Pretrial Detention: In some cases, individuals may be held without bond depending on prior history or severity of the alleged offense.
  • Formal Charges: The State Attorney’s Office reviews the case and decides whether to formally charge the accused, regardless of the alleged victim’s wishes.

It’s important to note that Florida has a mandatory arrest policy in domestic violence situations, and prosecutors can pursue the case without the alleged victim’s cooperation.

Can Domestic Violence Charges Be Dropped?

While many people assume that an alleged victim can “drop the charges,” Florida law gives that authority solely to the State Attorney’s Office. Prosecutors can still proceed with the case if the alleged victim recants or requests dismissal.

However, the following may influence case outcomes:

  • Inconsistent or uncooperative testimony from the alleged victim
  • Lack of physical evidence or witnesses
  • Demonstrated willingness of both parties to participate in counseling or mediation
  • First-time offenses with no prior criminal history

A knowledgeable defense attorney can help present these factors effectively and advocate for reduced charges, diversion programs, or dismissal.

What Are the Penalties for Domestic Violence in Florida?

The consequences of a domestic violence conviction in Florida are serious and often extend beyond jail time. Under Florida Statute § 741.283, if a person is adjudicated guilty of domestic battery and the victim suffered bodily harm, the court must impose a minimum ten-day jail sentence.

Additional penalties for domestic violence charges may include:

  • Up to one year in jail (misdemeanor) or more for felony-level charges
  • 12 months of probation
  • Mandatory completion of a Batterer’s Intervention Program (BIP)
  • Loss of firearm rights under federal law
  • Potential impact on child custody, housing, or employment opportunities
  • A permanent criminal record

Choosing the Right Attorney Matters

Domestic violence charges in Florida are legally complex, and navigating them can be emotionally draining. The stakes are high when the consequences can follow you for years. That’s why having the right legal representation is so important.

Carrie L. Rentz has built a boutique, woman-owned law firm grounded in experience, compassion, and assertive advocacy. With a background as a former prosecutor and decades of experience in criminal defense, Carrie takes a hands-on approach to every case—offering clear guidance and committed support when you need it most.

If you’re facing a domestic violence charge in Orlando, Winter Park, or the surrounding areas, you can trust that Carrie takes your future seriously. Learn more about Carrie Rentz’s background and how we help clients navigate the legal system with clarity and care.