Florida Domestic Violence

Why is knowing the penalties for

Battery - Domestic Violence important?  


Because there are lasting effects of a Battery-Domestic Violence conviction and some adverse collateral consequences.  Knowing all the consequences gives you good reason to fight your Battery-Domestic Violence.  If you don't fight your Battery-Domestic Violence, at a minimum you will:

No return to your home,

No contact with the alleged victim,

Serve 12 months of probation,

Attend a 26 week domestic batterer's program,
Have a permanent criminal record, and

Have no possibility of expungement or sealing of that criminal record.


Call me at (321) 985-0025 or click here


Understanding the Battery - Domestic Violence Case


Domestic Battery charges can carry serious consequences, including mandatory jail time.  The police often tell the parties involved that at least one person has to be arrested since they have been called out.  Law enforcement personnel often make a decision to arrest based upon very little evidence.  Police will arrest the person that failed to call the police during the dispute.  Because of this, people are arrested that don’t deserve to be arrested.  Often the “man of the house” rides to jail simply because of an argument.  John C. Murphy aggressively defends these charges to help avoid the BIP, heavy fines, long probation periods and possible jail time.  I can help you fight your Battery-Domestic Violence charge.

John C. Murphy has a comprehensive understanding of Florida's Battery-Domestic Violence laws.  From the initial arrest, every element of your case will be carefully investigated and examined.  I will help you understand the possible consequences you face and maximize your chances for a successful defense.  In some cases, I am able to reduce a Battery-Domestic Violence charge to a Simple Battery or Disorderly Conduct, lesser charges with less severe penalties.  I have also been able to get some Battery-Domestic Violence charges dropped.  

John C. Murphy also handles Injunction for Protection cases and in the past handled hundreds of Divorce cases.  I can file a Motion to Modify Release Conditions to restore contact with the victim and get you back into your home.  I can give you the counsel to guide you through to this turbulent time.

Battery-Domestic Violence is a criminal offense.  If you want the best Battery-Domestic Violence defense possible, John C. Murphy will protect your rights and give you the aggressive defense your deserve.​

Contact Attorney John C. Murphy at                                           (321) 985-0025 or click here


First Battery - Domestic Violence Penalties

Battery - Domestic Violence is a Misdemeanor of the first degree.


                                                  Minimum                        Maximum 
Fine                            None                              $1,000
Probation                    None                             1 Year
Jail                              None*                            1 Year
BIP*                                          Required

Psych Eval*                               Likely  

Substance Abuse Eval*             Likely          
Community Service    None                              and up

No Contact Victim      None                              1 Year

No Return Home        None                              1 Year

Restitution                                 If injured

* NOTE:  5 days required jail, if the defendant is adjudicated guilty and there is any bodily injury.  

* NOTE:  The Batterer’s Intervention Program (BIP) is a 6 month intensive counseling program.  The BIP addresses the root causes of domestic violence and prevent participants from committing acts of domestic violence in the future.  BIP consists of an initial assessment, orientation, and at least twenty-six (26) weeks of group counseling sessions.

* NOTE:  Evaluations include completion of any recommended counseling/treatment. 


Schedule your appointment Today at 
                 (321) 985-0025 or click here

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Second Battery - Domestic Violence Penalties

Battery may also be charged as a third degree felony (even in the absence of great bodily harm) if the defendant was previously convicted of a battery offense. 

                                   Minimum                        Maximum 
Fine                            None                              $5,000
Probation                    None                             5 Years
Jail                              None*                            5 Years
BIP*                                          Required
Psych Eval*                               Likely  
Substance Abuse Eval*             Likely          
Community Service    None                              and up
No Contact Victim      None                              1 Year
No Return Home        None                              1 Year
Restitution                                 If injured

* NOTE:  5 days required jail, if the defendant is adjudicated guilty and there is any bodily injury.  
* NOTE:  The Batterer’s Intervention Program (BIP) is a 6 month intensive counseling program.  The BIP addresses the root causes of domestic violence and prevent participants from committing acts of domestic violence in the future.  BIP consists of an initial assessment, orientation, and at least twenty-six (26) weeks of group counseling sessions.
* NOTE:  Evaluations include completion of any recommended counseling/treatment.


There are five (5) convenient ways to contact me!                               (321) 985-0025 

Most people arrested for domestic battery will be placed on misdemeanor probation with 26 weekly of domestic violence counselling court ordered and scheduled.  These classes cost money, have homework assignments and require the probationer to have a good positive attitude.  The instructors have the ability, at their discretion, to throw people out of their program.  If one fails to complete the program, this triggers a violation of probation report which the probation officer sends to the respective court judge.  The judge then signs a arrest Warrant, many with no bond, and the violated probationer sooner or later returns to jail.  With no bond the person sits in jail for weeks to months before appearing before his original judge on the probation violation. 

The costs of Classes, probation monitoring fees and the statutory fines and costs currently total $2000 to $2200 which need to be paid, at the longest, in the first eleven out of twelve months on probation. A large number of people arrested for domestic battery are totally unfamiliar with the system. Typically, they are offered the above-mentioned probationary sentence at bond hearing or first appearance court. Rather than pleading not guilty and just trying to bond out, Well over half of the recently arrested defendants will enter a plea, sign up for probation and achieve their immediate goal of being released from jail later that day. Bonds run high in violence cases. Working class people will often plea While asking this exact question “Does this mean I get out today?” Yes, they get out but rarely, at the time, do they realize the lifelong implications. Across the board, they have entered a plea to get out of jail after one of the worst nights in their lives. Many plead to cases that, later on, have pitfalls and problems for the state attorney’s office to successfully prosecute, and thus, the cases are dropped. The state attorney’s office uses a specialized division to prosecute domestic batteries. These cases are Victim-driven to a large extent with the victims attending classes and signing “drop charge” paperwork if they do not want the defendant prosecuted further. Regardless of victim input, the decision to charge and prosecute belongs to the state attorney not the Victim. 


Take the time now to learn more about your options !
schedule an appointment ... (321) 985-0025

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Other Non-Criminal Penalties


Domestic Battery charges are viewed in a post 9/11 World.  Anyone convicted of a Domestic Battery is often considered “dangerous” to agencies that issue access passes and badges to Seaports and airports.  Anyone with a Domestic Battery conviction is usually excluded from coaching youth sports or even being a chaperone on a youth field trip.  The convicted person’s current and future rights to gun ownership are affected. 

Today, even apartment complexes and certain trailer parks will deny leasing or occupancy to those convicted of domestic battery.  The Landlords are not going to rent to someone who has a history of violence.  The potential liability to the owners outweighs any financial benefit of renting to a future tenant who now has a documented, easily found history of violence.  The first pages of any plaintiffs lawsuit would mention that it was foreseeable for this violent actor to act once again.  The same logic applies to current and future employers who may face liability for workplace Violence, also easily foreseen.


Finally, a domestic violence charge, even though a misdemeanor, cannot be sealed or expunged under Florida law.  This is true even if the court "withheld adjudication".


Click here to discover the ways to contact me! (321) 985-0025

John C. Murphy can thoroughly investigate the issues in the case, including stand your ground, self-defense, the relationship of the parties, the steps the police took in their investigation, talk to witnesses, and collect evidence the police didn't bother to gather.

Contact Criminal Defense Attorney John C. Murphy today for a free initial consultation.

CALL ME  (321) 985-0025
Attorney John C. Murphy