Thomas C. Grajek | March 10, 2026 | Domestic Violence
Domestic violence allegations are treated very seriously under Florida law. However, “domestic violence” is not a standalone criminal charge. Instead, it is a legal classification applied when certain criminal offenses occur between people who share a specific relationship.
When an offense is labeled as domestic violence, it can affect how the case is prosecuted, the penalties involved, and the restrictions placed on the accused.
What Is Considered Domestic Violence in Florida?
Under Florida Statute § 741.28, domestic violence refers to certain criminal offenses that result in physical injury or death when committed by one family or household member against another.
Family or household members may include:
- Spouses and former spouses
- Individuals related by blood or marriage
- People who currently live together or previously lived together as a family
- Parents who share a child in common
Domestic violence is not a single criminal charge. Instead, it is a legal classification applied when certain offenses occur between people in these types of relationships.
Crimes That May Be Classified as Domestic Violence
A variety of criminal offenses may be categorized as domestic violence when they occur between family or household members, including:
- Assault
- Aggravated assault
- Battery
- Aggravated battery
- Sexual assault or sexual battery
- Stalking or aggravated stalking
- Kidnapping
- False imprisonment
- Any criminal offense that results in injury or death to a family or household member
Because of the relationship between the parties, these offenses may carry additional legal consequences when prosecuted as domestic violence.
Misdemeanor vs. Felony Domestic Violence Charges
Domestic violence cases can be charged as either misdemeanors or felonies, depending on the severity of the alleged conduct.
Domestic Battery (Misdemeanor)
One of the most common charges is domestic battery, which generally involves intentionally touching or striking another person against their will or causing bodily harm. This offense is typically charged as a misdemeanor.
Even so, misdemeanor domestic violence charges can still carry serious legal consequences and court-ordered requirements.
Felony Domestic Violence Charges
More serious domestic violence allegations may be charged as felonies. One example is aggravated domestic battery, which may apply when a case involves serious bodily injury, the use of a deadly weapon, or an alleged assault against a pregnant person. Under Florida law, aggravated domestic battery is generally classified as a second-degree felony.
Florida law also recognizes domestic violence by strangulation, which involves allegations that a person intentionally impeded another person’s breathing or blood circulation by applying pressure to the throat or neck or by blocking the nose or mouth. This offense is typically charged as a third-degree felony.
What Happens After a Domestic Violence Arrest in Florida?
After a domestic violence arrest in Florida, the legal process typically moves quickly. While every case is different, the following steps commonly occur:
- Arrest based on probable cause: Law enforcement officers may make an arrest without a warrant if they believe domestic violence occurred. If both parties make accusations, officers may determine who they believe is the primary aggressor.
- First appearance hearing: The accused usually appears before a judge within 24 hours of the arrest. During this hearing, the judge reviews the arrest and determines conditions for release.
- No-contact order: Judges commonly issue a no-contact order prohibiting the accused from contacting or approaching the alleged victim while the case is pending.
- Prosecutor review: The State Attorney’s Office decides whether the case will proceed. Even if the alleged victim does not wish to pursue the case, prosecutors may still move forward with charges.
These steps are intended to address the allegations quickly while the case proceeds through the Florida criminal justice system.
Injunctions for Protection Against Domestic Violence
In addition to criminal charges, a person may seek an injunction for protection against domestic violence, commonly known as a restraining order. A judge may issue a temporary injunction if there is evidence of domestic violence or a reasonable fear that it may occur.
A domestic violence injunction may require the accused to:
- Have no contact with the petitioner
- Stay away from certain locations, such as a home or workplace
- Surrender firearms
Violating an injunction can lead to additional criminal charges.
Additional Consequences of Domestic Violence Charges
Domestic violence allegations can have consequences beyond the immediate criminal case. Even before a conviction, individuals may face restrictions that affect their daily lives.
Possible consequences may include:
- Loss of firearm rights
- Difficulty obtaining employment or housing
- Potential impact on child custody or family law matters
Because of these potential effects, domestic violence charges can have lasting consequences beyond the courtroom.
Contact Grajek Criminal Defense Attorneys To Speak With a Lakeland Criminal Defense Lawyer
Domestic violence allegations can carry serious legal and personal consequences. Understanding how Florida law handles these cases and what to expect during the process can be an important first step.
For more information, contact the Lakeland criminal defense attorneys at Grajek Criminal Defense Attorneys for a free consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St, Lakeland, FL 33803
(863) 688-4606