DOMESTIC BATTERY UNDER FLORIDA LAW

Under Florida law, Domestic Violence Battery is defined as any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person, when the person struck is a “family or household member.”

‘FAMILY’ OR ‘HOUSEHOLD MEMBERS’

Under Section 741.28, Florida Statutes, the term ‘family or household member’ can include the following:

Wives and husbands;
Ex-wives and ex-husbands;
Individuals related by blood or marriage;
Individuals living together as a family;
Individuals who have resided together as if a family in the past; and
Persons who have a child in common (regardless of prior marriage).

The statute specifically requires that the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. The only exception is for persons who have a child in common.

PENALTIES FOR DOMESTIC BATTERY

Domestic Battery is classified as a first degree misdemeanor, with penalties that may include up to one year in jail or twelve months probation, and a $1,000 fine.

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