Domestic battery charges in Florida are more common than you might think. If you or someone you care about is facing one, the emotional and legal toll can be overwhelming.
I know because I’ve stood next to countless clients on both sides of these cases. I’ve defended individuals wrongly accused, and I’ve represented victims seeking safety and justice. A significant portion of my legal practice is dedicated to domestic battery cases, and I see the life-changing impact they can have every single day.
In this blog, I’ll walk you through what domestic battery means under Florida law, how it can impact your criminal record, and when it can become a felony. We’ll also talk about how fast action with a private attorney can change everything from bond conditions to the likelihood of charges being filed at all.
What is Domestic Battery in Florida?
In Florida, domestic battery is a specific type of battery charge involving violence or physical contact between individuals in a “domestic” relationship. That means spouses, ex-spouses, people related by blood or marriage, individuals living together as a family, or people who share a child, even if they never lived together.
Under Florida Statute 784.03, simple battery is defined as intentionally touching or striking another person against their will or intentionally causing bodily harm. When that act happens between people in a domestic relationship, it becomes domestic battery.
Common examples include:
Pushing, slapping, punching, or grabbing
Throwing objects with the intent to hit
Blocking someone’s exit
Grabbing a phone to prevent a 911 call
You don’t need to cause injury to be charged. Even something as small as a shove can result in arrest.
Domestic battery is one of the few offenses in Florida where the police can arrest you without a warrant and without seeing the incident happen, as long as there’s probable cause.
If convicted, Florida law, as outlined in Statute 741.283, requires a mandatory jail sentence and fine, even for first-time offenders. There’s no way around it unless charges are dropped or reduced.
How Long Does a Domestic Violence Charge Stay on Your Record in Florida?
Even if your case gets dropped or you’re found not guilty, the arrest doesn’t just disappear. It still shows up in background checks unless you go through the legal steps to have it sealed or expunged. And that process doesn’t happen automatically.
If you’re convicted, you can’t seal or expunge the charge at all. Florida law doesn’t allow it for any domestic violence conviction.
That means employers, landlords, and even immigration officials will still be able to see the arrest or conviction when they run your background check.
If you’re reading this before formal charges have been filed, you’re in a better position. There’s still time to protect your record. But you have to move quickly and make smart decisions from the start.
Is Domestic Battery a Felony?
It depends. Domestic battery is usually charged as a first-degree misdemeanor in Florida, punishable by up to 1 year in jail, 12 months of probation, and a $1,000 fine.
But certain factors can elevate the charge to a felony.
Jurisdiction
Every state classifies and prosecutes domestic violence cases under its own laws. In Florida, the jurisdiction lies where the alleged incident occurred. If the offense happened in Florida, then Florida courts have control over the case.
Severity of the Offense
If the incident involved serious bodily injury, prosecutors may file aggravated battery or aggravated domestic battery charges, which are felonies. The more violent or dangerous the facts, the more likely it is to be charged as a felony.
Prior Convictions
A person with prior domestic violence convictions may face upgraded charges. Repeat offenders are less likely to get pretrial diversion programs or light sentencing. Courts tend to assume higher risk with a pattern of behavior.
Weapons
Using a deadly weapon, such as a knife, gun, or blunt object, during a domestic battery incident usually leads to a felony charge. The presence of a firearm can significantly increase the stakes.
Extent of Injuries
If the alleged victim has suffered serious bodily harm, such as broken bones, deep wounds, or internal injuries, prosecutors are more likely to file felony battery charges.
Violation of Protective Orders
If a person violates a no-contact or restraining order, even if no new physical violence occurred, that can turn the situation into a felony offense. Courts see this as a disregard for the law and judicial authority.
Children Present
If kids were present during the incident, that can make things worse. Prosecutors often take it more seriously when children are involved, even if they weren’t physically harmed. Just seeing or hearing the violence can be enough to increase the penalties.
The truth is, even if the original charge is a misdemeanor, certain facts, like injuries, prior arrests, or the presence of children, can quickly turn it into a felony. It all depends on the details of the case.
3 Ways Domestic Battery Can Impact Your Record in Florida
It Creates a Permanent Criminal Record (Even Without a Conviction)
The arrest alone becomes part of your public record. And unless you're found not guilty and take legal steps to expunge the case, it sticks with you. Employers, landlords, and government agencies will all have access to that record.
Many people assume that arrests for charges that don’t result in a conviction automatically disappear. They don’t.
It Limits Your Civil Rights and Freedoms
A conviction for domestic battery can impact your Second Amendment rights. Under federal law, people convicted of misdemeanor domestic violence offenses cannot own or possess firearms. That applies even if you never served jail time.
You may also face restrictions on travel, professional licensing, or even voting in some cases.
It Affects Custody, Immigration, and Career Opportunities
Family law courts take domestic battery seriously. If you're in the middle of a custody battle, a charge, even without a conviction, can be used against you.
For non-citizens, a domestic violence charge can trigger immigration consequences, including denial of green cards or removal proceedings.
And when it comes to your career? Many employers won’t take the chance on someone with a domestic violence record. This is especially true for careers in education, healthcare, government, and law enforcement.
Why You Need a Private Attorney Immediately After an Arrest
Domestic battery charges move fast. In some cases, you may go from an arrest to a court date in just a few days. That’s why your first call should be to a domestic battery lawyer who has handled hundreds of these cases—not next week, not tomorrow—today!
We Can Push for Favorable Bond Conditions
Many people arrested for domestic battery are held until they see a judge. We can work quickly to secure bond conditions that allow you to return home and avoid the devastating impact of being kept away from your children and your job.
We May Be Able to Avoid the “No Contact” Order
In most cases, the court imposes a “no contact” order that prevents you from speaking with the alleged victim, even if they don’t want charges filed. That can tear families apart. We can ask the judge to modify or avoid that order, especially if the alleged victim supports it.
We Can Deal Directly with the State Attorney
If the victim does not want to prosecute, that information alone won’t make the case go away. But we can step in quickly, present evidence, and directly negotiate with the assigned prosecutor to keep the case from ever being filed.
It is far easier to get a case dropped before it’s formally filed than to beat it once it’s moving through the court system.
We’ve had many clients see their charges dropped simply because they contacted us early and allowed us to advocate on their behalf.
Accused of Domestic Battery in Florida? Contact Lindsay Chase Law Firm Today!
If you or someone you care about is involved in a domestic battery case, don’t wait to get help. What you do early on can make a big difference in how everything unfolds.
At Lindsay Chase Law Firm, we’ve represented both defendants and victims in hundreds of domestic battery cases. We understand how complex and emotional these situations can be. Some of our clients were trying to protect themselves from false accusations. Others were seeking safety and support after being harmed. Many were simply overwhelmed and unsure of what to do next.
Whether you're the one facing charges or the person seeking protection, we can help. We bring real experience, strong advocacy, and a deep understanding of Florida’s domestic violence laws to every case.
Call us today at 954-737-0820 for a free, private consultation. We proudly serve clients in Hollywood, FL, and the surrounding areas.
You don’t have to go through this alone. Let’s talk about your options and take the next step together.
