Florida Domestic Violence Laws

Understanding what domestic violence is goes a long way toward dealing with it. When you need help to escape a bad situation, sometimes the first step is the most difficult one to take. We’re here to help. This article explains how Florida defines domestic violence. It also covers the protections and programs available, as well as key legal aspects you should be aware of.

Everyone deserves an abuse-free life. Read on to learn about how to make that possible.

Florida Domestic Violence Laws: What Is Domestic Violence?

Home is where the heart is, but it’s also where almost all domestic violence is found as well. To classify a crime as domestic violence, specific relationship and abuse criteria must be met. The best way to learn them is to jump right in, so let’s get started.

Domestic Violence in Florida: Criminal Acts

There are two elements required for a domestic violence offense. The first is the type of crime committed. Domestic abuse is a crime of control and power. The abuser employs different types of abusive acts intended to keep the victim feeling powerless and helpless. This includes, but is not limited to, physical abuse and intimidation.

Florida, like many states, has categories for domestic violence crimes. However, it also specifies particular offenses. The following make up one required element for a domestic violence classification:

• Assault with or without a deadly weapon
• Aggravated assault
• Battery
• Aggravated battery
• False imprisonment
• Kidnapping
• Sexual assault
• Sexual battery
• Stalking
• Aggravated stalking
• Any other criminal offense resulting in physical injury or death

Crimes not mentioned in the statute can still count as domestic abuse. This is true if they result in physical injury or death among family or household members. Financial control or economic abuse can be part of domestic abuse. However, they do not form a separate domestic violence crime under Florida law.

A crime that doesn’t qualify as domestic violence is still a crime and subject to prosecution. Being stalked by a stranger isn’t domestic abuse, but it is an offense that has its own protections available.

Domestic Violence in Florida: The People Involved

The second key element for classifying domestic violence is the participants involved. These are referred to as family members and household members. Under Florida law, the individuals involved must share one of a set of qualifying relationships. The associations are as follows:

• Spouses
• Former spouses
• Family by marriage (in-laws and stepfamily)
• Family by consanguinity (blood relatives)
• People who reside together as if a family
• People who have resided together in the past as if a family
• Parents of a child in common

Aside from the parents of a child in common, individuals in qualifying relationships are required to have lived together in the same dwelling at some point. If two people in one of these relationships have an abusive crime committed between them, it’s domestic violence.

Florida Domestic Violence Laws: Help for Victims

Having a crime classified as domestic violence opens access to different types of help in Florida. Being aware of what’s available and how it can help you can make a huge difference.

Florida Injunction for Protection Against Domestic Violence

Protective orders aren’t perfect, but they offer a combination of protections for victims backed by penalties for abusers. Florida calls its domestic violence restraining order an Injunction for Protection Against Domestic Violence.

When it comes to provisions, injunctions against domestic violence are conditional. This means the injunction is a one-of-a-kind court order tailored to the specific needs of the victim in each case. While each injunction can have unique aspects, Florida law lists the following conditions as available for all orders as of October 1st, 2024:

• The abuser (respondent) is forbidden from committing any acts of domestic violence against the victim (petitioner) or their family
• Awarding the petitioner temporary exclusive use and possession of a shared dwelling and/or forbidding the abuser from entering the premises
• Awarding the petitioner temporary custody of any household animals
• Drafting a temporary parenting plan that may restrict or exclude the respondent‘s child custody rights
• Designating a safe, neutral location for any exchange of children
• Ordering the respondent to surrender all firearms while the injunction is in effect
• Establishing temporary child support and/or spousal support
• Ordering the respondent to participate in a mandatory batterers’ intervention program

The court can add any other provision it considers necessary for the victim’s safety. These terms are often part of a temporary ex parte injunction for protection from domestic violence. If you’ve suffered abuse or are in fear that you will be abused, this is the order you’ll file for. Answer all the questions and provide as much detail as possible when describing the abuse you’ve suffered.

Once finished, you can either email the form or take it in person to a court near you. While you can do it yourself, help is available through domestic violence centers or a Florida family law attorney. The court clerk to whom you submit the request will forward it to a judge immediately, who may ask you questions. If the court determines that a threat of abuse exists, the injunction is issued and takes effect.

In domestic violence cases, a sheriff will serve the respondent with the injunction. The temporary ex parte injunction normally lasts up to 15 days or until the court holds a full hearing, and the court can extend it for good cause. The court must set a hearing before the temporary order expires, regardless of whether the respondent formally objects.

If the respondent opposes the injunction, you’ll both plead your cases in a court hearing. Both sides can present evidence and call witnesses. A final injunction for protection from domestic violence goes into effect if the court rules that the threat of abuse is ongoing.

The final injunction may amend the provisions of the temporary order or add new ones. This can include no-contact orders, permanent firearm restrictions, and more.

The duration of the final injunction is up to the court. They’ll consider factors including the abuser’s criminal record, any previous domestic violence charges, and the severity of the abuse. Depending on the charges and circumstances, a first‑time offender may be eligible for probation, which often includes completion of a mandatory batterer’s intervention program.

Penalties for violating an injunction for protection from domestic violence are designed to make the abuser think twice about breaking them. All domestic violence crimes causing bodily harm carry minimum jail time if a sentence doesn’t include any:

• First offense: 10 days
• Second offense: 15 days
• Third or subsequent offenses: 20 days

If the crimes were committed in front of a minor under 16 years of age, the penalties increase:

• First offense: 15 days
• Second offense: 20 days
• Third or subsequent offenses: 30 days

Violations carry their own penalties in addition to any other punishments from convictions for the crimes committed during the violation:

• First or second violation (misdemeanor in the first degree): Up to one year in jail and a fine of up to $1,000
• Third or subsequent violations (felony of the third degree): Up to five years in prison and a fine of up to $5,000

The violator also receives a mandatory batterer’s intervention program unless the court can find a reason why they shouldn’t. Crimes considered domestic violence can have their penalties enhanced as well.

Hope Cards

In effect since October 1st, 2024, the Hope Card Program is intended to make it easier for domestic violence victims to get help from law enforcement. Information about their injunction is listed on a wallet-sized card for easy access and sharing. Victims can request a Hope Card from the circuit court that issued their injunction.

Address Confidentiality Program (ACP)

Victims who have fled their abusers and moved to a new home don’t want to be found. Florida‘s Address Confidentiality Program (ACP) helps with that goal. A victim is given a second mailing address. This is used for all public record documents, such as driver’s licenses or voter registrations. First-class mail is forwarded to the victim’s home address.

There is no charge for the ACP. To join, contact the Office of the Attorney General’s Division of Victim Services and Criminal Justice Programs at 1-800-226-6667.

Employee Protection

Victims of domestic violence have special workplace protections. Under Florida law, they are permitted to take up to three days a year off from work to deal with issues stemming from domestic violence crimes. It’s up to the employer whether these days are paid or not. It only applies to companies with at least 50 employees, and if the victim has worked there for at least three months.

The employee (or a family or household member) must be a victim of domestic or sexual violence, and the leave must be used for specific purposes such as seeking an injunction, obtaining medical or mental health care, securing housing, or obtaining legal assistance. Except in emergencies, employees must provide advance notice and may be required to exhaust available paid leave first, unless the employer waives this requirement.

Florida Domestic Violence Laws: Review

As you can see, the domestic violence laws in Florida are complex. The table below recaps what you’ve learned in this article, along with links to domestic abuse codes.

Note: Florida laws change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Florida family law attorney or do your own legal research to verify the Florida law(s) you are researching.

Florida Domestic Violence Laws: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• Domestic Violence FAQ
• Domestic Violence Organizations
• Florida Free from DV
• Florida Office of Domestic Violence

Get Legal Help With Your Domestic Violence Case in Florida

Suffering from harassing behavior, sexual violence, or any other type of domestic violence is no way to go through life. If you’re in danger, call 911. If you want to change your life for the better, consider speaking with a Florida family law attorney. They can ensure you’re aware of available protections and help you chart a course to an abuse-free future.

If you’ve violated a domestic violence injunction, you’re going to need a Florida criminal defense lawyer. They’ll examine your case, show you your options, and represent you in criminal court.