Florida’s domestic violence laws changed in significant ways in 2026. New legislation increases penalties for certain repeat domestic violence offenses and establishes electronic-monitoring pilot programs for some defendants convicted of domestic violence offenses or violations of protective injunctions.
If you are facing a domestic violence charge in Florida, understanding these changes is important. The consequences of a conviction can extend beyond fines or incarceration and may affect your employment, housing, relationships, firearm rights, and future legal options.
What Changed Under Florida’s 2026 Domestic Violence Laws?
One of the most significant changes involves repeat domestic violence offenses.
Under Florida Statute §741.2801, a domestic violence crime may be reclassified when the defendant has a prior conviction for a domestic violence crime. Depending on the underlying offense, the reclassification can increase a misdemeanor to a higher-level misdemeanor or a misdemeanor to a felony. Certain felony offenses may also be reclassified to a higher felony level. (Florida Senate)
This means a prior domestic violence conviction can have a substantial impact on the potential classification and penalties associated with a subsequent offense.
Florida law defines domestic violence to include offenses such as assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, and other criminal offenses resulting in physical injury or death committed by one family or household member against another. (Florida Senate)
Electronic Monitoring Pilot Programs
Another important 2026 development involves electronic monitoring.
Beginning July 1, 2026, Florida established electronic-monitoring pilot programs in certain judicial circuits for qualifying domestic violence and protective-injunction cases.
One program applies in Pinellas County to certain misdemeanor domestic violence offenses and violations of protective injunctions. Another program applies in the Sixth Judicial Circuit to certain felony domestic violence offenses and felony violations of protective injunctions. Both programs are scheduled to operate through June 30, 2028. (Florida Senate)
Under the applicable statutes, electronic monitoring may be ordered as a condition of probation in qualifying cases. In certain circumstances, the court must order electronic monitoring when it finds clear and convincing evidence that the defendant poses a threat of violence or physical harm to the victim. (Online Sunshine)
These pilot programs are limited geographically and do not mean that every person charged with domestic violence in Florida will automatically be placed on electronic monitoring.
What About a Domestic Violence Injunction?
A criminal domestic violence charge and a domestic violence injunction are separate legal matters.
A person may face criminal charges while also dealing with a protective injunction. An injunction can restrict contact between individuals and may affect where someone can go, who they can contact, and other aspects of daily life.
Violating an injunction can create additional criminal consequences.
Because these cases can involve both criminal and civil proceedings, it is important to understand what orders are in effect and to comply with all court requirements.
What Should You Do If You Are Arrested for Domestic Violence?
If you have been arrested for domestic violence in Florida, avoid discussing the facts of your case with the alleged victim or other potential witnesses.
You should also be extremely careful about communicating through text messages, social media, phone calls, or third parties.
Do not assume that a case will automatically be dismissed because the alleged victim does not want to pursue charges. Domestic violence cases are prosecuted by the State of Florida, and the prosecutor—not the alleged victim—controls whether criminal charges are pursued.
An attorney can review the allegations, evidence, police reports, witness statements, photographs, recordings, and other available information to determine what defenses may be available.
Why Legal Representation Matters
Domestic violence allegations can move quickly, and the consequences can become more serious when prior convictions or protective injunctions are involved.
An experienced Florida criminal defense attorney can examine:
- The circumstances leading to the arrest
- Whether probable cause existed
- Statements made by witnesses
- Photographs and physical evidence
- Police body-camera footage
- 911 recordings
- Text messages and other communications
- Any existing protective injunction
- Prior criminal history
- Whether the charges are properly classified
The 2026 changes make it especially important for anyone facing a repeat domestic violence allegation to understand how prior convictions may affect the current case.
Florida Domestic Violence Defense Attorney
If you or someone you know has been arrested for domestic violence in Florida, you should speak with an experienced criminal defense attorney as soon as possible.
Lance P. Richard, P.A. represents individuals facing criminal charges and works to protect the rights of clients throughout the Treasure Coast.
If you are facing a domestic violence charge in Stuart, Martin County, Port St. Lucie, or surrounding Florida communities, contact Lance P. Richard, P.A. to discuss your situation and learn about your legal options.
