⚖️ What Counts as Domestic Violence in Florida?
When most people think of domestic violence, they imagine hitting, shoving, or physical abuse. But in Florida, you can be arrested and charged with domestic violence—even if you never laid a finger on the other person.
Here’s how it works—and what to do if you’re facing charges based on words, threats, or intimidation.
Under Florida Statute § 741.28, domestic violence includes more than just physical battery. It can also involve:
Threats of violence
Stalking
Harassment or emotional abuse
Destruction of property during an argument
Intimidation that causes fear of harm
💡 The alleged victim doesn’t have to be injured for you to be charged.
🚓 You Can Be Arrested Without Touching Anyone
Police in Florida are trained to make an arrest whenever they believe domestic violence occurred—even if the only evidence is a statement from the alleged victim.
You could be arrested if:
You yelled or made a threat during an argument
Someone felt afraid and called 911
You punched a wall or broke something during the dispute
There were no visible injuries—but officers “believed” a crime occurred
🚫 No physical contact is required to trigger a domestic violence charge.
💥 Common Charges with No Physical Contact
Assault (Fla. Stat. § 784.011): A threat with the ability to act on it
Stalking (Fla. Stat. § 784.048): Repeated unwanted communication or following
Criminal mischief (Fla. Stat. § 806.13): Breaking or damaging property
Harassing phone calls (Fla. Stat. § 365.16)
These are often charged as domestic violence if the alleged victim is a spouse, ex, partner, co-parent, or someone you live(d) with.
🧠 Can I Still Fight the Charges?
Absolutely. At Michael White, P.A., we’ve helped clients get no-contact domestic violence charges dismissed by:
Uncovering false or exaggerated claims
Demonstrating lack of intent to harm
Showing mutual argument, not abuse
Highlighting lack of evidence or independent witnesses
Even without physical contact, you still have rights—and options.
🚫 Collateral Consequences Are Serious
Even if no one was hurt, a domestic violence conviction can result in:
Permanent criminal record (not sealable or expungeable)
Loss of firearm rights under federal law
Child custody or immigration issues
Mandatory counseling or probation
👨⚖️ Fort Lauderdale Domestic Violence Defense Attorney
If you’re facing domestic violence charges based on words or emotional conflict—not violence—you still need strong legal representation.
At Michael White, P.A., we know how prosecutors build these cases—and how to take them apart before they reach trial.
🔍 More Answers About Non-Physical Domestic Violence Charges in Florida
❓ Can I be charged with domestic violence if I didn’t hit anyone?
Yes. Florida law allows charges for threats, stalking, and intimidation—even without physical harm.
❓ Is yelling during an argument domestic violence?
Not necessarily—but if it causes fear or is accompanied by a threat, police may still arrest you.
❓ What if it was a mutual argument?
Your lawyer may be able to argue mutual combat or emotional escalation rather than a crime.
❓ Can these charges be dropped?
Yes. Charges can be dropped for lack of evidence, recanting statements, or through diversion programs.
❓ Will this show up on a background check?
Yes—even without conviction, an arrest may appear in public records unless expunged or sealed