Domestic violence allegations in Florida can carry serious and lasting consequences. Even before a criminal conviction, a judge can issue a domestic violence injunction, commonly known as a restraining order. that immediately limits your freedom and affects your personal and professional life.
For anyone accused of domestic violence, understanding how injunctions work, what the penalties are, and how they intersect with criminal charges is essential. The process can be intimidating, but with the help of an experienced domestic violence lawyer you can protect your rights and build an effective defense.
This blog explains what domestic violence injunctions are, how Florida defines domestic violence, the potential penalties for related crimes, and why hiring a domestic violence defense attorney is crucial if you’re facing accusations.
What Are Domestic Violence Injunctions
A domestic violence injunction is a civil court order that restricts or prohibits contact between you and the person who filed the petition. Even though it is a civil matter, violating an injunction can lead to criminal charges and jail time.
Florida law provides several types of injunctions, depending on the relationship and nature of the allegations:
- Domestic Violence Injunctions – between family or household members.
- Dating Violence Injunctions – for individuals in a romantic or intimate relationship.
- Repeat Violence Injunctions – for allegations of repeated acts of violence or stalking.
- Sexual Violence Injunctions – for accusations of sexual assault.
- Stalking Injunctions – for alleged stalking or cyberstalking behavior.
The Florida Courts Domestic Violence Forms & Resources page provides details on filing procedures and forms. After a petition is filed, a judge may issue a temporary injunction without the accused’s input. A hearing is then scheduled where you can present evidence, challenge the accusations, and defend yourself. A final injunction can last for months, years, or indefinitely.
Because these orders can restrict your movement, affect your living arrangements, and limit firearm rights, you should contact a Florida criminal defense lawyer immediately upon being served.
What Is Considered Domestic Violence in Florida
Under Florida Statute §741.28, domestic violence includes a wide range of criminal offenses committed by one family or household member against another. These include:
- Assault or aggravated assault
- Battery or aggravated battery
- Sexual assault or sexual battery
- Stalking or aggravated stalking
- Kidnapping or false imprisonment
- Any other crime resulting in physical injury or death
“Family or household members” include spouses, former spouses, relatives by blood or marriage, people who live together, and those who share a child.
Even minor disputes can escalate into criminal allegations if one party claims threats or physical harm. Because the definition is broad, it is vital to speak with a criminal defense attorney as soon as possible to protect your rights and begin preparing your defense.
Penalties for Domestic Violence in Florida
The penalties for domestic violence depend on the underlying charge and whether an injunction was violated. Examples include:
- Simple Battery (First-Degree Misdemeanor): Up to 1 year in jail, 1 year of probation, and a $1,000 fine.
- Aggravated Battery (Second-Degree Felony): Up to 15 years in prison and a $10,000 fine.
- Strangulation (Third-Degree Felony): Up to 5 years in prison and a $5,000 fine.
- Violation of Injunction: A first-degree misdemeanor punishable by up to 1 year in jail.
In addition to jail or prison time, defendants may face:
- Mandatory completion of a Batterers’ Intervention Program (BIP) approved by the Florida Department of Children and Families
- Loss of firearm rights under federal law
- Immigration consequences for non-citizens
- Difficulty sealing or expunging records under Florida Statutes §943.0585
A conviction or even a temporary injunction can also affect child custody, employment, and housing.
Civil vs. Criminal Proceedings
If you are accused of domestic violence, you may face both civil and criminal cases at the same time:
- Civil Injunction Proceedings: Filed by the alleged victim, focusing on protection and restrictions. The standard of proof is lower (“preponderance of the evidence”).
- Criminal Prosecution: Brought by the State Attorney’s Office, where the government must prove guilt beyond a reasonable doubt.
Even if a criminal case is dismissed, a civil injunction can still remain in place. This makes representation by a domestic violence defense attorney essential to manage both proceedings effectively.
What Is a Plea Deal
A plea deal (or plea bargain) is an agreement between you and the prosecution. You agree to plead guilty or no contest in exchange for reduced charges or a lighter sentence.
While plea deals may appear to reduce risk, they can still lead to serious long-term consequences such as a permanent criminal record, mandatory counseling, and loss of rights. Before accepting any deal, consult an experienced Florida criminal defense lawyer who can evaluate whether negotiation, diversion, or trial offers the best path forward.
What Is an Acquittal
An acquittal is a verdict of “not guilty” following trial, meaning the prosecution failed to prove its case beyond a reasonable doubt. Once acquitted, you cannot be retried for the same offense under the Double Jeopardy Clause.
Unlike a dismissal, an acquittal fully clears you of the criminal charge. A domestic violence defense attorney will work toward this outcome by challenging evidence, cross-examining witnesses, and exposing inconsistencies in the prosecution’s case.
Why You Need a Domestic Violence Lawyer
If you have been accused of domestic violence or served with an injunction, do not navigate the process alone. A criminal defense lawyer can:
- Review the evidence and identify inconsistencies or exaggerations
- Represent you at injunction hearings and criminal proceedings
- Protect your rights during police questioning or court appearances
- Negotiate plea deals or pursue acquittals when appropriate
- Address related issues such as firearm rights, restraining order violations, and record expungement
The earlier you involve an attorney, the more options you have to protect your record and your future.
Practical Resources
- Court Information: Visit the Florida Courts Domestic Violence Resources page for official guidance.
- Legal Representation: If you’ve been accused of domestic violence or served with an injunction, contact a Florida criminal defense lawyer immediately.
DeCarlis & Sawyer, Attorneys at Law is Your Best Defense
Florida’s domestic violence injunctions can have immediate and severe consequences even before a criminal conviction. Allegations alone can impact your career, your freedom, and your reputation.
If you have been accused, contact DeCarlis & Sawyer at our Gainesville, Florida, office today at 352-371-3838. With decades of criminal defense experience, we will fight to protect your rights and guide you through every stage of the injunction and criminal process.