Domestic Battery


Domestic Battery occurs when the alleged victim is considered a “family or household member” and the defendant intentionally touched or struck the alleged victim against his or her will, or the defendant intentionally caused bodily harm to the alleged victim.

Section 741.28, Florida Statutes, defines a family or household member to include the following:

  • Spouses;
  • Ex-Spouses;
  • Persons related by blood or marriage;
  • Persons who are presently residing together as if a family;
  • Persons who have resided together in the past as if a family; and
  • Persons who are parents of a child in common regardless of whether they have been married.

With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Penalties for Domestic Battery

Domestic Battery is a misdemeanor of the first degree punishable by the following penalties:

  • Up to one year in jail;
  • Up to one year of probation;
  • A fine not exceeding $1,000;
  • Completion of a 26-29 week Batterer’s Intervention Program;
  • Community Service Hours;
  • Mandatory five days jail if the defendant is adjudicated guilty and there was bodily injury; and
  • No-contact with the victim.

Domestic battery cannot be sealed or expunged even if the defendant enters a plea and receives a withhold of adjudication.