Domestic battery is one of the most commonly charged offenses in Florida’s criminal justice system. Though often arising from heated personal conflicts, a plea to a domestic battery can lead to life-altering consequences — including jail time, loss of gun rights, and a permanent criminal record. Please note, I did not say “conviction for domestic battery,” I specifically said “plea” since even a withhold of adjudication on a florida domestic battery will have significant life long consequences.
In this blog, we’ll explain what domestic battery means under Florida law, provide real-life examples, outline common legal defenses, and clarify the difference between domestic battery and simple battery.
What Is Domestic Battery in Florida?
Under Florida Statutes § 784.03, battery occurs when a person:
- Actually and intentionally touches or strikes another person against their will, or
- Intentionally causes bodily harm to another person.
When the alleged victim is a "family or household member", the battery becomes domestic under § 741.28(3). This includes:
- Spouses or ex-spouses
- Individuals related by blood or marriage
- People who currently or previously lived together as a family
- Individuals who share a child, regardless of living arrangements
Examples of Domestic Battery in Florida
- Example 1: A husband slaps his wife during an argument. No visible injury, but non-consensual physical contact occurred.
- Example 2: A woman throws a coffee mug at her boyfriend during a fight, leaving a bruise.
- Example 3: A man grabs the mother of his child by the arm and yells, causing red marks.
In each of these scenarios, the relationship qualifies as "domestic," and the conduct meets Florida’s definition of battery.
Legal Consequences of Domestic Battery in Florida
Even a first-time misdemeanor domestic battery plea (regardless of adjudication) in Florida carries serious penalties:
- Up to 1 year in jail
- Up to 1 year of probation
- Mandatory 26-week Batterers’ Intervention Program (BIP)
- No contact order
- Loss of concealed weapons permit or firearm rights
- Permanent criminal record — not eligible for sealing or expungement
What Is Simple Battery in Florida?
Simple battery refers to the same physical act — intentionally touching or striking another person without their consent or causing bodily harm — but without a domestic relationship.
- Example: A man punches a stranger during a bar fight.
- Another example: A woman shoves a coworker during a workplace argument.
Simple battery is a first-degree misdemeanor in Florida, like domestic battery, but lacks the added consequences of mandatory BIP, firearm restrictions, and injunctions that often follow domestic cases.
Key Differences: Domestic Battery vs. Simple Battery
Factor | Simple Battery | Domestic Battery |
Relationship Required | No | Yes (household or family relationship) |
Penalties | Jail, fines, probation | Same as simple + BIP, no-seal rule, no firearms |
Firearm Restrictions | Typically no | Yes – Federal and state laws apply |
Record Sealing Eligibility | yes | Never even if not convicted |
Defenses to Domestic Battery in Florida
Many people are falsely or unfairly charged due to emotional or volatile domestic situations. Common defenses include:
- Self-Defense
If the accused used reasonable force to defend themselves from harm. - False Allegations
Common in divorce, custody, or breakup scenarios. Witness credibility and motive are key. - Lack of Intent
The physical contact was accidental or unintended. - Mutual Combat
Both parties were engaged in a fight, and neither was solely the aggressor or the Defendant was not the initial aggressor. - No Evidence of Physical Contact
In some cases, there is no injury, no corroborating witnesses, or no physical evidence.
Final Thoughts
Domestic battery is a serious offense in Florida, carrying unique and lasting consequences even for first-time offenders. If you or someone you know is facing a domestic battery charge, it’s critical to consult an experienced Florida criminal defense attorney as early as possible.
A skilled lawyer can evaluate the strength of the evidence, assert available defenses, negotiate for reduced charges, and protect your future.