Facing a Domestic Violence Charge? Understand Your Possible Outcomes

A domestic violence charge can start with one argument and one call to the police. This guide explains how Florida defines domestic violence, what makes a charge aggravated, and what case outcomes are possible. Under Fla. Stat. § 741.28, “domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

What does Florida law define as domestic violence?

Florida defines domestic violence as certain crimes committed by one family or household member against another. The list includes assault, aggravated assault, battery, aggravated battery and several other offenses. Fla. Stat. § 741.28 sets out this definition.

The definition goes beyond physical fights. It also covers sexual assault, sexual battery, stalking, aggravated stalking, kidnapping and false imprisonment. Any criminal offense that causes physical injury or death can count, too.

The relationship test matters as much as the act. The law covers spouses and former spouses. It also covers people related by blood or marriage, and people who live or lived together as a family, but except for parents of a child in common, these family or household members must be currently residing or have in the past resided together in the same single dwelling unit. Parents of a child in common count, even if they never married.

There is a limit. Apart from parents of a child in common, the people must live, or have lived, in the same single dwelling unit. A couple who dated but never shared a home may not fit this definition. The Florida Department of Children and Families also publishes plain definitions of these terms.

Are there mandatory arrests for domestic violence in Florida?

The law gives officers the power to arrest, not a flat duty to arrest every time. Under Fla. Stat. § 901.15, an officer may arrest without a warrant when there is probable cause of domestic violence.

The decision to arrest does not need the victim’s consent. It also does not depend on the relationship of the parties. Florida’s stated policy is to strongly discourage arrest and charges of both parties on each other.

An arrest is not a formal charge. The state must file formal charges within set deadlines, which are covered later on this page.

After an arrest, the person must go before a judge within 24 hours. That rule comes from Fla. R. Crim. P. 3.130. The hearing can be in person or by audio-video, at the court’s discretion. The judge then addresses the charge and release conditions.

What makes a domestic violence charge aggravated?

A charge becomes aggravated when the facts fit an aggravated assault or aggravated battery statute. Both statutes turn on weapons, serious injury or intent.

Under Fla. Stat. § 784.021, an assault is aggravated when it is made with a deadly weapon without intent to kill, or with intent to commit a felony. A person who commits aggravated assault commits a third-degree felony.

Under Fla. Stat. § 784.045, aggravated battery occurs when a person, in committing a battery, intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement, or uses a deadly weapon. It also applies when the victim was pregnant and the offender knew or should have known it. This offense is a second-degree felony.

Florida sorts felonies by degree. Under Fla. Stat. § 775.081, a felony with no stated degree is of the third degree.

One set of facts can support more than one charge. The charge the state files depends on the facts it can support. Under § 741.28, a case is a domestic violence case only when an offense such as assault, battery or stalking, or any criminal offense resulting in physical injury or death, is committed by one family or household member against another, so the relationship test alone does not decide it.

What are the possible case outcomes for aggravated domestic violence charges in South Florida?

Possible outcomes include dismissal, a reduction to a lesser charge, pretrial intervention where eligible, a negotiated plea, a trial verdict, or sentencing. Which one applies depends on the facts, the evidence and the court.

For a person in custody, the rule requires charges within 30 days, and no one may stay in custody beyond 40 days uncharged. See Fla. R. Crim. P. 3.134.

A case can also be resolved by agreement. A prosecutor may agree to abandon other charges, recommend a sentence, or agree to a specific sentence. Defense counsel must advise the client of all plea offers and the likely results of each one, under Fla. R. Crim. P. 3.171. Defense counsel may not conclude a plea agreement on behalf of a client without the client’s full and complete consent, and the decision to plead guilty or no contest must be made by the defendant.

Pretrial intervention is one path. Under § 948.08, a first offender, or a person previously convicted of not more than one nonviolent misdemeanor, who is charged with a misdemeanor or a third-degree felony may be eligible. Approval requires the program administrator and the consent of the victim, the state attorney and the judge who presided at the initial appearance hearing, but for some offenses, such as aggravated assault, only the victim and state attorney must consent. Fla. Stat. § 948.08 reads: “However, the defendant may not be released to the pretrial intervention program unless, after consultation with his or her attorney, he or she has voluntarily agreed to such program and has knowingly and intelligently waived his or her right to a speedy trial for the period of his or her diversion.” This subsection does not reach a second-degree felony, so an aggravated battery charge falls outside it.

The felony grade sets the range a court can work within. Early legal review helps a person understand that range before any decision is made.

How does a domestic violence case move through South Florida courts?

A case usually moves from arrest to first appearance, then to formal charges, release decisions, pretrial motions, negotiation, and either a plea or trial. Miami-Dade, Broward and the Florida Keys follow the same basic path. Local procedures vary by courthouse and by case.

Bond conditions can reach daily life. If a court issues an order of no contact, the defendant must refrain from any contact of any type with the victim, including indirect contact through a third person, except through pretrial discovery pursuant to the Florida Rules of Criminal Procedure. As a condition of pretrial release under Fla. Stat. § 903.047, a defendant subject to an order of no contact must refrain from being within 500 feet of the victim’s or other named person’s residence, even if the defendant and the victim or other named person share the residence, and from being within 500 feet of the victim’s or other named person’s vehicle, place of employment, or a specified place frequented regularly by such person.

Other conditions may include keeping a job, following residence or travel limits, reporting to an agency, avoiding firearms, and limiting alcohol use. Breaking a condition can create a separate problem. A court may revoke pretrial release and order detention if it finds probable cause of a new crime or a material violation, under Fla. Stat. § 903.0471.

What should a family member or partner do early in a domestic violence case?

In the first days, write down what you know and keep every court paper. Note dates, times, names and places while your memory is fresh.

Keep copies of notices, bond papers and court dates. Missing a date can cause serious problems on its own.

Follow every no-contact condition exactly, even if the contact feels harmless. A message sent through a friend or family member can still break an order.

Be careful with statements. At first appearance, the judge must tell the person that anything said may be used against them. Messages to family, friends or social media can also be repeated in a case.

A defense lawyer can explain the charge, the deadlines and the options before the next court date.

Talk with Patrick Wilson Law about your domestic violence charge

If a family member or partner was just arrested or served with a notice, the next court date may be close. Patrick Wilson Law, PLLC focuses on criminal defense, including domestic violence defense. Patrick David Wilson is the responsible lawyer for this page, and the firm’s bona fide office is in Miami.

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