Domestic Battery

A domestic violence battery charge in Florida can have immediate and long-lasting consequences that affect your freedom, reputation, employment, firearm rights, and family relationships. Even before a case is resolved, courts often impose no-contact orders that can impact where you live, your ability to see your children, and your day-to-day life.

At Coplan-Gardner & Gardner, P.A., Darin Gardner provides strategic criminal defense representation for individuals charged with domestic violence battery and related offenses throughout Northeast Florida. As a former prosecutor with extensive felony and trial experience, he understands how these cases are investigated, prosecuted, and defended under current Florida law.

What Is Domestic Violence Battery in Florida?

Under Florida law, domestic violence generally involves an alleged assault, battery, stalking, false imprisonment, or other criminal offense resulting in physical injury or death committed against a family or household member.

Battery occurs when a person:

Actually and intentionally touches or strikes another person against their will; or
Intentionally causes bodily harm to another person.

Domestic violence battery charges arise when the alleged victim is considered a “family or household member,” which may include:

Current or former spouses
Individuals related by blood or marriage
People currently living together as a family
Individuals who previously lived together as a family
Parents who share a child in common, regardless of whether they ever lived together

Florida prosecutors aggressively pursue domestic violence allegations, and in many cases the alleged victim cannot simply “drop the charges” once law enforcement becomes involved.

Penalties for Domestic Violence Battery

Domestic violence battery is commonly charged as a first-degree misdemeanor punishable by:

Up to one year in jail
Up to 12 months of probation
A fine of up to $1,000

However, the collateral consequences of a conviction are often just as serious. Depending on the circumstances, a conviction may also result in:

A mandatory minimum jail sentence in certain injury cases
Completion of a 26-week Batterers’ Intervention Program (BIP)
Community service requirements
A permanent criminal record
Loss of firearm and concealed weapon rights under federal law
Protective or no-contact orders
Restrictions involving child custody or timesharing matters
Immigration consequences for non-citizens
Difficulty obtaining employment or professional licenses

In cases involving prior convictions, alleged strangulation, injuries, weapons, or violations of injunctions, prosecutors may pursue enhanced or felony-level charges carrying significantly greater penalties.

Domestic Violence Injunctions and No-Contact Orders

Following an arrest, courts frequently impose a no-contact order as a condition of release. This may prohibit all communication with the alleged victim, including phone calls, text messages, social media contact, or returning to a shared residence.

Separate from the criminal case, a person may also seek a domestic violence injunction (restraining order) through the civil court system. Violating either a court order or injunction can lead to additional criminal charges.

Defending Domestic Violence Battery Charges

Every domestic violence case is unique and must be carefully analyzed based on the evidence, witness statements, injuries, recordings, and the surrounding circumstances. Many allegations arise during emotionally charged disputes where the facts are incomplete, exaggerated, or disputed.

Potential defenses may include:

Self-defense
Defense of others
False allegations
Lack of intent
Mutual combat or consensual confrontation
Inconsistent witness statements
Lack of visible injuries
Insufficient evidence
Absence of independent corroboration
Violations of constitutional rights during the investigation or arrest

Florida’s Stand Your Ground law may also apply in certain situations involving lawful self-defense.

Sealing and Expungement Issues

Under Florida law, a person who is convicted of a domestic violence offense is generally not eligible to seal or expunge that conviction. Because these charges can permanently impact your record and future opportunities, it is important to speak with an experienced criminal defense attorney before making decisions about pleas or admissions.

Experienced Domestic Violence Defense Representation

Domestic violence allegations should be taken seriously from the very beginning of a case. Early intervention by an experienced defense attorney can be critical when addressing bond conditions, no-contact orders, witness issues, and the overall defense strategy.

At Coplan-Gardner & Gardner, P.A., we provide detail-oriented and strategic criminal defense representation tailored to the specific facts of each case.

We offer free criminal defense consultations. We also offer preferred discounts for active military members, law enforcement officers, first responders, firefighters, and educators.

If you have been charged with domestic violence battery in Northeast Florida, contact our office to discuss your case and your legal options.