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What Is Domestic Violence Battery in Florida?

On Behalf of | May 6, 2022 | Criminal Defense Lawyer, Miami Criminal Law Blog |

Domestic Violence Battery is defined as any actual and intentional touching or striking of another person without consent or the intentional causing of bodily harm to another person when the person struck is a family member, household member, or domestic partner.

Domestic violence can also include Aggravated Assault, Aggravated Battery, and Murder. However, Domestic Violence Battery is the most commonly prosecuted crime that involves family members.

It is important to know that “family or household member” can include:

  • Husbands and wives.
  • Ex-spouses.
  • Individuals living together as a family.
  • People who are related by blood or marriage.
  • People who have resided together as if a family in the past.
  • Individuals who have children in common.

Penalties for Domestic Violence Battery. 

In the state of Florida, an offender who is charged with Domestic Violence Battery is committing a first-degree felony, which is punishable by up to one year in jail, one year of probation, and a $1,000 fine.

A Domestic Battery conviction also results in other penalties and collateral consequences:

  • Minimum mandatory five days in jail if an injury was caused.
  • Ineligible to ever have a criminal record sealed or expunged.
  • Loss of important civil liberties, including concealed carry rights.
  • Additional community service hours.
  • Revocation of any concealed weapons permit.


Domestic Violence Battery is one of the most defendable charges in criminal law, and any decision should not be taken without an experienced attorney who can review your case and consider all of the legal options. If you or a loved one has been charged with Domestic Violence Battery, it is imperative to get a professional attorney on your side.

To discuss your case with Russell Spatz, a domestic violence defense attorney in Miami-Dade County, call the Spatz Law Firm, PL, at 305-442-0200. You may also make an appointment online.

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