Florida Domestic Violence Law: New Repeat DV Penalties

Florida’s domestic violence laws changed on July 1, 2026. The new law increases penalties for some people accused of repeat domestic violence offenses.

This change matters because a new domestic violence charge may now be treated more seriously if the person has a prior domestic violence conviction. In some cases, a misdemeanor charge can be upgraded to a felony.

The new law creates Florida Statute § 741.2801. It also changes parts of Florida law that deal with protective injunctions, electronic monitoring, and domestic violence victim relocation assistance.

What Changed Under the New Florida Domestic Violence Law?

The biggest change involves repeat domestic violence offenses.

Under the new law, Florida can increase the level of a domestic violence charge if the accused person has a prior conviction for a crime of domestic violence.

The law defines “conviction” broadly. A prior case may count even if the court withheld adjudication. A no-contest plea may also count. That means someone may face enhanced penalties even if they were told years ago that they were not “formally convicted.”

This part of the law makes prior domestic violence cases especially important. Before accepting any plea in a domestic violence case, a person should understand how that plea could affect future charges.

How Can the Penalties Increase?

The new Florida domestic violence law allows the State to reclassify certain offenses. That means the charge can move up to a more serious level.

For example:

A second-degree misdemeanor can become a first-degree misdemeanor.

A first-degree misdemeanor can become a third-degree felony.

A third-degree felony can become a second-degree felony.

A second-degree felony can become a first-degree felony.

A first-degree felony can become a life felony.

This can make a major difference. A simple domestic battery is often charged as a first-degree misdemeanor. But if the person has a qualifying prior domestic violence conviction, the new case may be reclassified as a third-degree felony.

A felony charge creates a much higher risk. It can affect a person’s job, record, firearm rights, immigration status, family law case, and future sentencing exposure.

What Counts as Domestic Violence in Florida?

Florida domestic violence law covers more than battery. Depending on the facts, domestic violence can include:

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

The relationship between the people involved also matters. Domestic violence usually involves spouses, former spouses, people related by blood or marriage, people who live together or previously lived together as a family, or people who have a child in common.

Because the definition is broad, the new enhancement can apply to many types of cases.

Does the New Enhancement Apply to Every Battery Case?

No. The new law includes an exception for felony battery under Florida Statute § 784.03(2).

That exception matters. Florida already has a separate felony battery statute for certain repeat battery cases. So, in any repeat domestic violence case, the defense should closely examine the specific charge, the prior case, and the statute the State relies on.

The enhancement may not apply just because the State says it does.

New Electronic Monitoring Rules in Pinellas and Pasco

The law also creates electronic monitoring pilot programs for certain domestic violence and protective injunction cases.

For misdemeanor cases, the pilot program applies in Pinellas County.

For felony cases, the pilot program applies in the Sixth Judicial Circuit, which includes Pinellas and Pasco Counties.

These pilot programs began July 1, 2026, and are scheduled to end June 30, 2028.

In some cases, a judge may order electronic monitoring as a condition of probation if the court also enters a no-contact order. In other cases, the judge must order electronic monitoring if the court finds clear and convincing evidence that the person poses a threat of violence or physical harm to the alleged victim.

Electronic monitoring can create serious practical problems. It can affect work, housing, travel, parenting schedules, and daily life. It can also lead to a violation of probation if the person does not follow the rules exactly.

Injunction Violations Can Also Lead to Felony Charges

The new law also increases penalties for some violations of protective injunctions.

A violation of a domestic violence injunction is already serious. Under the new law, a person with a prior qualifying conviction may face a third-degree felony if they later violate an injunction or foreign protection order against the same alleged victim.

This is why no-contact orders and injunctions must be taken seriously. A text message, phone call, social media message, third-party contact, or unplanned encounter can create new criminal exposure.

Even if the other person reaches out first, the restrained person can still get arrested.

Why Early Defense Matters

Domestic violence cases move quickly. The first court date may involve no-contact orders, release conditions, firearms issues, and housing restrictions. Those early decisions can affect the entire case.

The new Florida domestic violence law makes early defense even more important. A defense attorney should review:

Whether the prior case legally qualifies as a domestic violence conviction.

Whether the new charge qualifies as a crime of domestic violence.

Whether the alleged victim meets Florida’s definition of a family or household member.

Whether the enhancement legally applies.

Whether the State can prove the accusation.

Whether diversion, dismissal, reduction, or another resolution may be available.

A domestic violence arrest does not mean the State can prove the case. It also does not mean the person is guilty. But the consequences can be serious, especially under Florida’s new repeat-offense law.

Charged With Domestic Violence in Florida?

If you were arrested for domestic violence in Tampa Bay, you should speak with a criminal defense attorney as soon as possible. The new Florida domestic violence law can increase the stakes, especially if you have a prior domestic violence case.

Goldman Wetzel defends people accused of domestic battery, violation of injunction, assault, aggravated assault, stalking, and other domestic violence-related offenses throughout Pinellas, Pasco, Hillsborough, Manatee, Sarasota, and the surrounding areas.

Contact Goldman Wetzel to discuss your case and your options.