What Qualifies As Domestic Violence Under Florida Law?
Domestic violence is one of the most serious issues families face, and it’s more common than many people realize. If you or someone you care about is in a situation that feels unsafe, you may be wondering whether what’s happening legally qualifies as domestic violence in Florida. Understanding how the law defines it can be an important first step in knowing your options.
How Florida Law Defines Domestic Violence
Florida Statute § 741.28 sets out a clear definition of domestic violence. Under this law, domestic violence means any of the following acts committed by one family or household member against another:
- Assault or aggravated assault
- Battery or aggravated battery
- Sexual assault or sexual battery
- Stalking or aggravated stalking
- Kidnapping or false imprisonment
- Any other criminal offense that results in physical injury or death
This list is broader than many people expect. It goes well beyond physical hitting or punching, and includes conduct like threatening behavior, unwanted sexual contact, and persistent stalking.
Who Counts as a “Family or Household Member”?
You might be surprised by how broadly the law draws this circle. Under § 741.28, a “family or household member” includes spouses, former spouses, people related by blood or marriage, individuals who currently live together or have lived together in the past as a family, and people who share a child in common, regardless of whether they were ever married. The one notable exception is that, for most categories, the people involved must have shared a home at some point.
This means a situation between a current or former dating partner who shared your home could potentially fall under this statute, as could one involving a sibling, parent, or other relative living in the same household.
Does It Have to Be Physical?
This is a question many people ask. While Florida’s statute focuses on criminal offenses that result in physical injury or death, it’s worth noting that stalking and certain threatening behaviors are also included. So not every qualifying situation involves direct physical contact. Repeated harassment, credible threats, and other conduct can still meet the legal threshold depending on the specific circumstances.
Reach Out to an Orlando Domestic Violence Attorney
If you believe you may be experiencing domestic violence, or if you are dealing with the legal consequences that can follow a domestic violence situation, speaking with an attorney can help you understand what steps may be available to you. Our team at Greater Orlando Family Law is here to support you through one of life’s most difficult moments. We are proud to serve clients as Orlando domestic violence attorneys, and we are ready to listen, help you understand your situation, and stand by your side. Contact Greater Orlando Family Law today to schedule a confidential consultation.
Source:
flsenate.gov/Laws/Statutes/2025/741.28
