Domestic Violence in Florida

In Florida, domestic violence is defined as any assault, battery, aggravated assault or battery, kidnapping, false imprisonment or other criminal offense committed by a household or family member that results in the injury or death to another household or family member.

The definition of a household member can include a spouse, former spouse, person related by blood or marriage, people who had a child together or a person who resides with another as a family member or has resided in the past. Notably, the alleged offender and alleged victim must currently or previously have resided together in the same single dwelling unit to be considered a family or household member. However, parents who have a child in common do not have to live in the same home.


Penalties for domestic violence can vary depending on the circumstances. The State will consider many factors such as the age of the victim, whether a weapon was used, and the alleged offender’s criminal history. The penalties could be misdemeanors or felonies.

  • Second-degree misdemeanors can lead to 60 days in jail, fines up to $500 or both.
  • First-degree misdemeanors can include up to one year in jail, fines up to $1,000 or both.
  • Third-degree felonies can include prison time up to five years, fines up to $5,000 or both.
  • Second-degree felonies can lead to prison time up to 15 years, fines up to $10,000 or both.

Contact a Domestic Violence Defense Attorney

If you were convicted of a domestic violence charge in Miami or Broward, contact an experienced criminal defense attorney at Traibel Fleming to discuss your case. At Traibel Fleming, we will craft a powerful defense to achieve the best possible outcome in your case.