Domestic Violence

Florida law considers violence between members of the same family or household or violence between people who have previously resided together as members of the same household to be domestic violence.

Accusations of domestic violence are treated very harshly in Broward County and throughout the State of Florida. In many of these cases, the law enforcement officer that investigates the case will encourage the victim to seek out a protective order to prevent any future acts of domestic violence.

Attorney for Domestic Violence in Fort Lauderdale, FL

Even being accused of domestic violence can have life-altering consequences. From fighting a temporary protective order to fighting an actual charged, domestic violence accusations are stressful.

Having an experienced criminal defense attorney who can aid you every step of the way is invaluable if you or someone you know has been served with a protective order or charged with domestic violence in Broward County, FL.

Our office takes cases throughout the Greater Miami-Metropolitan area in cities like Miami, West Palm Beach, East Naples, and LaBelle, Florida.

Call (954) 500-5555 now to schedule a one-on-one consultation with one of our experienced attorneys or to find out more about how hiring an attorney would help. 


Broward County Domestic Violence Information Center


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What Constitutes Domestic Violence

Florida Statute § 741.28, defines domestic violence as an act of violence between individuals who are members of the same family. The Statute defines "family" as any of the following:

  • Individuals related by blood or marriage;
  • Individuals who are former spouses;
  • Individuals who reside together as family;
  • Individuals who have a child(ren) in common;
  • Individuals who are married; or
  • Individuals who have previously resided together as family.

Domestic violence can be charged as a misdemeanor or a felony in Florida depending on the circumstances and the act of violence that the defendant committed. The types of domestic violence crimes include the following:

  • Domestic violence by strangulation;
  • Stalking or aggravated stalking;
  • Domestic violence assault or aggravated assault;
  • Domestic violence battery or aggravated battery;
  • Domestic violence – pregnant female;
  • Domestic violence protection order violation;
  • False imprisonment;
  • Kidnapping.

Domestic Violence as Child Abuse

Under Florida Statute § 827.03, an individual may be charged with domestic violence for child abuse. Child abuse is defined as the intentional infliction of mental or physical harm to a child or an intentional act that can be reasonably expected to cause such harm.

Child abuse can come in a variety of categories, the most common include:

  • Child abuse
  • Aggravated Child Abuse
  • Child Neglect

Child abuse does not need to occur between a parent or a child; there are instances of abuse when other family members are the primary child caregivers or abuse that occurs in a foster home by guardians or caregivers.


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Types of Penalties for Domestic Violence

When a person has been charged with domestic violence, he or she may be subject to a variety of different punishments, depending on the severity of the charge and the number of times the person has been charged with domestic violence in the past.

In Florida, penalties for domestic violence can include the following:

  • Temporary Restraining Order (TPO);
  • Batterers Intervention Program (26-29 week course); or
  • Community Service. 

Common offenses related to domestic violence allegations often include:

  • Written Threat to [Kill] [Do Bodily Injury] - § 836.10, Fla. Stat.
  • Violation of Condition of Pretrial Release from a Domestic Violence Charge - § 741.29(6), Fla. Stat.
  • Violation of an Injunction For Protection Against [Stalking] [Cyberstalking] - § 784.0487(4), Fla. Stat
  • Violation of An Injunction For Protection Against [Repeat] [Sexual] or [Dating] Violence - § 784.047, Fla. Stat.
  • Violation of An Injunction For Protection Against Domestic Violence - § 741.31(4)(a), Fla. Stat.

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Additional Resources

Rules for Filing an Injunction – Visit the Florida Courts website to find the forms needed to file a domestic injunction or dating violence injunction against a person. Also, find information about the Florida procedure for processing the request

Florida Chapter 741 – Visit the official website of the Florida Legislature for the full legislative chapter on domestic violence, including the definition of "family" under Florida law.

Florida Coalition of Against Domestic Violence – Visit FCADV, created to free the world of violence by empowering women and children through the elimination of personal and institutional violence. The website provides extensive resources regarding how to obtain a temporary injunction or a regular civil injunction due to domestic violence, dating violence, or repeat violence in Florida.


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Find an Attorney for Domestic Violence in Broward County, FL

If you were arrested for domestic violence charges in Broward County, FL, then call to speak with an experienced criminal defense attorney who will go over your case with you and talk to you about your chances of getting your charges dropped.

At Bacchus & Navarro Law Group, we are dedicated to fighting for clients charged with domestic violence. If you have been charged in Miami-Dade County, Collier County, Hendry County, or Palm Beach County, then contact our office.

Call (954) 500-5555 now to schedule a one-on-one with one of our attorneys.


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