Domestic Violence in Florida

Florida Domestic Violence Laws

Florida Statutes § 741.28 (2) defines domestic violence as any criminal offense—enacted by a family or household member on another member of the family or household—that results in the physical injury or death of an individual. By definition, the criminal offenses associated with domestic violence include:

• Assault or aggravated assault
• Battery or aggravated battery
• Sexual assault or battery
• Stalking or aggravated stalking
• Kidnapping
• False imprisonment

A member of the family or household includes those who currently or have at one point lived in the same home, such as (Florida Statutes § 741.28 (3)):

• Spouses (current or former)
• Anyone related by blood or marriage
• Anyone who has in the past or currently live together
• Parents of the same child

Is Verbal Abuse Considered Domestic Violence in Florida?

According to Florida Statues § 784.011, assault is the “intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and some act which creates a well-founded fear in such other person that such violence is imminent” (emphasis added). While it can be challenging to prove verbal abuse in court, an abuser can face domestic charges because of verbal assault.

Get the Help You Need

If you are a victim/survivor of domestic violence, you have legal recourse and should immediately contact a trusted attorney. A domestic violence attorney can help you in filing an injunction and taking legal action to protect yourself and/or your loved ones.

Please also consider utilizing the Florida Department of Children and Families’ domestic violence resources. Their domestic violence resources page includes a lot of helpful information like hotline numbers and local service and programs details.

Need help filing a protective injunction? At Orshan, Spann & Fernandez-Mesa, we believe in offering our clients compassionate legal counsel. Our reliable attorneys are dedicated to helping victims/survivors of domestic abuse navigate the legalities of their cases.