Lawmakers Enhance Domestic Violence Punishments
Florida’s new domestic violence law, which took effect on July 1, 2026, increases criminal penalties for repeat domestic violence offenders and expands survivor protections.
Specifically, House Bill 277, which legislators approved unanimously, makes it a felony to violate a domestic violence restraining order for the second time. The measure also creates a statewide domestic violence database and makes animal abuse a domestic crime in certain circumstances.
“I would say the majority of times you interact with somebody involved in domestic violence, there’s a pattern. There’s somebody that grew up in an unfortunate household that learned that this was a normal behavior and they have not broken the chain and it continues on into their current relationships,” said John Creamer, a 30-year police veteran who retired as an undersheriff.
Police expert and Florida A&M University Professor. Lee Bushong said the domestic violence database doesn’t always interact perfectly with law enforcement systems. That disconnect can make records access difficult on the weekends or after hours when clerks are gone from the courthouse.
The new law also launches a pilot program that allows a judge to “implement an electronic monitoring program for specified persons who are convicted of a misdemeanor crime of domestic violence or convicted of willfully violating certain injunctions.”
Domestic Violence and Jail Release
Most local law enforcement agencies have mandatory domestic violence arrest policies. That arrest usually includes a mandatory 24 or 48-hour hold. This mandatory hold makes jail release more complex, but not impossible, for a Tampa criminal defense lawyer.
Domestic violence jail release often includes a no-contact order as well. This order is similar to a protective order in many respects. More on that below. The primary difference is a protective order violation is a separate criminal matter. Violation of a no-contact order puts the defendant’s bond at risk.
Incidentally, these violations could be non-malicious. Simply being in the same place at the same time could violate a no-contact order. The same thing applies to protective orders.
Domestic Violence Direct and Collateral Consequences
Some criminal offenses have collateral consequences which are just as serious, or maybe even more severe, than the direct consequences. Domestic violence is one such offense.
HB 277 increased the direct consequences in some cases. Felony probation is usually much longer and more restrictive than misdemeanor probation. That’s especially true in domestic violence matters since, in large jurisdictions like Hillsborough County, designated courts hear these cases and mete out special punishment.
We mentioned protective orders above. Since a protective order is technically a civil proceeding, many constitutional protections don’t apply. So, these matters are usually difficult for a Tampa criminal defense lawyer to successfully resolve.
Possible Defenses
Illegal law enforcement contacts and illegal interrogations may be the most common procedural defenses in domestic violence criminal cases.
Usually, the uncorroborated report of a “nosy neighbor” does not justify initial law enforcement contacts. The tipster must be interested in public safety and/or the safety of the victim. The tipster cannot be primarily interested in getting the defendant in trouble.
After they arrive on scene, law enforcement officers usually separate the two combatants, interview them separately, and determine “who started it.” That’s all fine and well, but officers must apprise defendants of their constitutional rights before asking any questions.
Connect With a Diligent Hillsborough County Attorney
Criminal charges don’t always produce permanent convictions. For a confidential consultation with an experienced Tampa criminal defense lawyer, contact the OA Law Firm. Convenient payment plans are available.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html
