Domestic Violence FAQs – Broward County

Section 741.28 of the Florida Statutes defines what constitutes domestic violence in Broward County and throughout Florida. Specifically, it includes any assault, including sexual assault and aggravated assault; battery, including aggravated battery and sexual battery; stalking and aggravated stalking. It also includes false imprisonment, kidnapping, false imprisonment, and any criminal offense committed by one household or family member that causes the physical injury or death of one household or family. Household and family members include current and former spouses, people related to one another either by marriage or by blood, people who live together as a family or who have done so in the past, and people who share a child in common, regardless of whether they were married.

The penalties for a domestic violence conviction in Broward County can vary significantly depending on the severity of the offense and the defendant’s criminal history. Penalties may include jail or prison time, probation, mandatory counseling or anger management classes, community service, fines, and a permanent criminal record. A first-time domestic battery offense is typically charged as a first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and a $1,000 fine. More serious offenses, such as aggravated battery, can be charged as felonies with harsher penalties, including longer prison sentences.

An injunction for protection against domestic violence, commonly known as a restraining order, is a court order that provides protection to victims of domestic violence by prohibiting the alleged abuser from contacting or coming near them. Under Section 741.30 of the Florida Statutes, a Broward County domestic violence victim can file a petition for an injunction if they have reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence. The injunction can include provisions such as ordering the abuser to leave the shared residence, granting temporary custody of children, and requiring the abuser to surrender firearms. Violation of an injunction is a criminal offense and can result in arrest and additional charges.

Several defenses may be available to someone charged with domestic violence in Broward County. Common defenses include self-defense, where the defendant argues they were protecting themselves from imminent harm, and defense of others, where the defendant was protecting another person. A defendant may also be able to argue that the prosecution lacks sufficient evidence to establish guilt, the accusations are false, or that the incident in question does not meet the legal definition of domestic violence. If you are accused of domestic violence, an experienced Broward County criminal defense attorney can evaluate the specifics of your case and develop a defense strategy to help you challenge the charges.