Fla. Stat. § 741.28 / § 784.03
Domestic Violence Battery
A domestic battery is charged under the same statute as any battery — but it triggers consequences an ordinary battery does not. Here is what makes it different.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
Why It’s Different
Domestic violence battery is charged under the battery statute (§ 784.03), but because the victim is a family or household member as defined in § 741.28, it carries additional mandatory consequences.
The Governing Statute
Fla. Stat. § 741.28 — Domestic Violence
""Domestic violence" means any assault, aggravated assault, battery, aggravated battery … or any criminal offense resulting in physical injury or death of one family or household member by another family or household member."
Read the full statute on Online Sunshine →
"Family or household member" includes spouses, former spouses, people related by blood or marriage, people who live together as a family, and parents of a common child — whether or not they ever lived together.
The Mandatory Consequences
Domestic Battery — What Sets It Apart
Mandatory arrest/booking: No "notice to appear" — you are physically booked.
No-contact order: Often barring you from your own home and contact with the alleged victim.
If convicted with intentional bodily harm: A mandatory minimum of 5 days in jail, plus a 26-week Batterers’ Intervention Program.
Firearm consequences, and a conviction that cannot be sealed or expunged.
No-contact order: Often barring you from your own home and contact with the alleged victim.
If convicted with intentional bodily harm: A mandatory minimum of 5 days in jail, plus a 26-week Batterers’ Intervention Program.
Firearm consequences, and a conviction that cannot be sealed or expunged.
What a Defense Attorney Looks For
- Self-defense — common in mutual-conflict situations.
- False or exaggerated allegations, which arise in divorce and custody disputes.
- Lack of injury or evidence, and accuser credibility.
- Pretrial diversion eligibility for first-time offenders, which can avoid a conviction.
Frequently Asked Questions
Can domestic violence charges be dropped in Florida if the victim recants?
Not automatically. The State, not the victim, decides whether to prosecute. Prosecutors often proceed even when a victim recants, using 911 calls, photos, and officer testimony.
Can a domestic violence conviction be expunged in Florida?
No. A conviction for domestic violence battery cannot be sealed or expunged in Florida, which is one reason these charges are so serious even when the incident seems minor.
What counts as a "household member" in a Florida domestic violence case?
It includes spouses and former spouses, people related by blood or marriage, people who live together as a family, and the parents of a common child — regardless of whether they ever lived together (for co-parents).
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 741.28 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.