F.S. §741.28 — Domestic Violence: Definitions

What this section covers

Section 741.28 supplies the definitions used across Florida’s domestic violence statutes. It does not create a separate crime. Instead, it identifies when another offense counts as domestic violence.

“Domestic violence”

Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

“Family or household member”

Spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. Except for persons who have a child in common, the family or household members must be currently residing together or have resided together in the past in the same single dwelling unit.

Why the label matters

• A person who is adjudicated guilty of a crime of domestic violence and intentionally caused bodily harm faces the minimum jail terms in section 741.283.
• A domestic violence assault or battery that ends in a guilty or no-contest plea cannot be sealed or expunged, even if adjudication was withheld (section 943.0584).
• A prior conviction raises the offense level. Under section 741.2801, Florida Statutes, a crime of domestic violence is reclassified one level higher if the person already had a conviction for a crime of domestic violence when the new offense was committed. A second-degree misdemeanor becomes a first-degree misdemeanor, a first-degree misdemeanor becomes a third-degree felony, a third-degree felony becomes a second-degree felony, a second-degree felony becomes a first-degree felony, and a first-degree felony becomes a life felony. For this purpose a “conviction” means a finding of guilt after a plea or a trial, even if adjudication was withheld or the plea was no contest. The section does not apply to a conviction for felony battery under section 784.03(2). It was created by chapter 2026-86, Laws of Florida, and took effect July 1, 2026.
• The same law changed the rule for repeat injunction violations in section 741.31(4)(c), Florida Statutes. A person who has one or more prior convictions for a crime of domestic violence, or for violating an injunction or foreign protection order, and who then violates an injunction or foreign protection order against the same victim commits a third-degree felony. Before July 1, 2026, that paragraph required two or more prior convictions for violating an injunction or foreign protection order.