Domestic Violence

What Is Domestic Violence Under Florida Law?

Florida law defines domestic violence as any assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any criminal offense resulting in injury or death committed by one family or household member against another. This includes spouses, former spouses, people related by blood or marriage, individuals who reside or previously resided together, and people who share a child—even if they’ve never lived together.

Florida Statute §741.28 governs the definition of domestic violence, while related offenses such as battery, aggravated battery, and domestic battery by strangulation are detailed in Chapter 784.

Types of Domestic Violence Cases We Handle

At McNary Law, our experienced attorneys handle both sides of domestic violence cases, including:

Injunctions for Protection

We assist clients seeking or defending against protective orders for:

• Domestic violence

• Dating violence

• Repeat violence

• Sexual violence

• Stalking or cyberstalking

These civil injunctions can have major implications for housing, employment, custody, and more.

Criminal Defense Against Domestic Violence Charges

Being charged with domestic violence doesn’t mean you’re guilty. False accusations, exaggerated claims, or misunderstandings can result in criminal charges that threaten your freedom and reputation. Our attorneys defend against:

• Misdemeanor battery

• Felony battery

• Domestic battery by strangulation

• Aggravated assault or aggravated battery

• Violation of an injunction

We explore every angle of your case to craft a strong, tailored defense.

What Are the Penalties for Domestic Violence in Florida?

The penalties for domestic violence vary based on the charge but may include:

• Jail or prison time

• Probation

• Mandatory Batterer’s Intervention Program (BIP)

• No-contact orders

• Loss of gun rights

• Immigration consequences

• Permanent criminal record

Under Florida Statute §775.082, even a first-time misdemeanor battery conviction may carry up to one year in jail. A third-degree felony, such as domestic battery by strangulation, is punishable by up to five years in prison.

Injunctions: What You Need to Know

If you’re served with an injunction (commonly known as a restraining order), it’s crucial to understand the immediate effects:

• You may be removed from your home

• You may be prohibited from seeing your children

• You may lose access to firearms

• Violating the injunction is a separate criminal offense

We help clients navigate injunction hearings, build persuasive evidence, and protect their rights in and out of court.

What Happens After a Domestic Violence Arrest?

Florida law mandates no-contact orders after an arrest, even before the accused appears in court. These orders can be modified later, but only with court approval.

Our firm works quickly to:

• Challenge weak or insufficient evidence

• Seek modifications to pretrial conditions

• Help restore parental rights

• Prepare a strategic defense for trial or negotiation

How Domestic Violence Affects Family Law Cases

Domestic violence issues frequently overlap with family law matters, such as:

• Divorce: Allegations may impact property division or alimony.

• Child Custody: Courts prioritize the child’s safety and best interests.

• Parenting Plans & Time-Sharing: A history of violence can restrict visitation or require supervised contact.

We integrate our family law and criminal defense knowledge to deliver comprehensive legal solutions that align with your long-term goals.

Why Choose McNary Law?

At McNary Law, we bring more than just legal knowledge—we bring compassion, integrity, and unwavering advocacy. Whether you’re in Bradenton, Sarasota, or anywhere in between, you can count on our team to provide:

• Responsive communication

• Deep understanding of Florida statutes

• Extensive experience in domestic violence cases

• Skilled courtroom representation

And because we also handle related practice areas—from DCF dependency cases to parenting plan modifications—we’re equipped to handle your legal challenges from every angle.

Our Certified Mediators Can Help

In some cases, mediation can be a safe and effective tool to resolve disputes. Our team includes:

• Sean Powers, Florida Supreme Court Certified Circuit Civil Mediator

• Melinda Delpech, Florida Supreme Court Certified Family Mediator

We explore alternative resolutions when appropriate and vigorously litigate when necessary.

Protecting Your Rights Starts Here

If you’re facing a domestic violence charge or seeking protection from abuse, don’t wait. These matters move quickly, and what you do next can affect your safety, your freedom, and your family.

Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.