Florida’s New Domestic Violence Law (HB 277): What Criminal Defendants Need to Know in 2026

Florida recently enacted significant changes to its domestic violence laws through House Bill 277 (HB 277), signed into law by Governor Ron DeSantis and taking effect July 1, 2026. While the bill has been promoted as legislation designed to strengthen protections for alleged victims of domestic violence, it also carries major consequences for people accused of domestic violence-related offenses.

If you are facing allegations of domestic violence, accused of violating an injunction, or have a prior domestic violence-related conviction, these legal changes could substantially increase your exposure to jail or prison time, probation conditions, and long-term consequences.

For Defendants and Defense Attorneys, understanding how this new law works is critical to protecting your rights and avoiding devastating outcomes.

What Is House Bill 277?

HB 277 creates several major changes to Florida law involving:

• Enhanced penalties for repeat domestic violence offenses

• More severe consequences for injunction violations

• Expanded electronic monitoring requirements

• Broader factors courts can consider when issuing injunctions

• New statewide tracking and verification systems for protective orders 

For criminal defendants, the most important changes involve sentence enhancements and increased supervision.

Repeat Domestic Violence Charges Now Carry Enhanced Penalties

One of the biggest changes under HB 277 is the creation of section 741.2801, Florida Statutes, which significantly increases penalties for defendants with prior domestic violence convictions.

Under the new law, if someone commits a new domestic violence offense and already has a prior domestic violence conviction, the charge can be reclassified to a more serious offense level.

Here Is How Reclassification Works

HB 277 increases the severity of domestic violence charges as follows:

• Second-degree misdemeanor → First-degree misdemeanor

• First-degree misdemeanor → Third-degree felony

• Third-degree felony → Second-degree felony

• Second-degree felony → First-degree felony

• First-degree felony → Life felony 

This is a dramatic shift in how domestic violence offenses are punished in Florida.

Example: A Simple Domestic Battery Could Become a Felony

Before HB 277, a first-time misdemeanor domestic battery charge under section 784.03 was generally punishable as a first-degree misdemeanor, carrying up to:

• 1 year in jail

• 12 months of probation

• Fines

• Mandatory batterers’ intervention program

• A permanent criminal record

Now, under HB 277, if the accused person has a prior qualifying domestic violence conviction, that same offense may be reclassified into a third-degree felony, exposing the defendant to:

• Up to 5 years in prison

• Felony probation

• A felony conviction

• Loss of firearm rights

• Permanent collateral consequences affecting employment and housing.

For many defendants, this means a case that once carried misdemeanor consequences could suddenly become a life-changing felony prosecution.

Withholds of Adjudication Still Count as “Convictions”

One of the most important parts of HB 277 is how Florida now defines a “conviction” for enhancement purposes.

The law specifically states that a conviction includes:

• A guilty plea

• A plea of no contest (nolo contendere)

• Cases where adjudication was withheld.

This matters because many people previously resolved domestic violence cases believing a withheld adjudication would help them avoid future enhancement consequences.

Under HB 277, that prior withhold may now be used to elevate a future domestic violence charge into a more serious offense.

As a Tampa domestic violence attorney, one of the most important defense considerations moving forward will be understanding how a current plea could impact future exposure under Florida’s enhanced sentencing laws.

New Felony Exposure for Injunction Violations

HB 277 also increases penalties for people accused of violating protective injunctions.

Previously, a defendant generally needed two or more prior qualifying convictions before a subsequent injunction violation against the same person could be charged as a felony.

Under the new law, only one prior conviction is required.

This means:

If someone has one prior domestic violence conviction or prior injunction-related conviction and later allegedly violates an injunction involving the same alleged victim, prosecutors may now pursue a third-degree felony charge.

This is especially important because injunction violations are often based on:

• Text messages

• Social media contact

• Third-party communication

• Alleged accidental encounters

• Child-related communication issues

What may seem like a misunderstanding or technical violation can now expose defendants to felony-level punishment.

Expanded Electronic Monitoring Requirements

HB 277 also creates new electronic monitoring pilot programs beginning July 1, 2026.

Pinellas County Pilot Program (Misdemeanor Cases)

In Pinellas County, courts may order GPS or electronic monitoring for defendants placed on probation for:

• Misdemeanor domestic violence crimes

• Domestic violence injunction violations

• Dating violence or sexual violence injunction violations.

In some circumstances, judges are required to order electronic monitoring if the court finds clear and convincing evidence that the defendant poses a threat of violence or physical harm to the alleged victim.

Sixth Judicial Circuit Pilot Program (Felony Cases)

A similar electronic monitoring program applies to felony domestic violence offenses in the Sixth Judicial Circuit, which includes Pinellas and Pasco Counties.

Although this pilot program does not currently apply in Hillsborough County, Tampa-area defendants should pay attention. Programs that begin as “pilot programs” are often expanded statewide if lawmakers view them as successful.

For criminal defendants, electronic monitoring can create substantial burdens, including:

• Restricted movement

• Exclusion zones

• Increased supervision

• Financial costs

• Higher risk of probation violations

Notably, defendants may be required to pay for the monitoring costs themselves.

Courts Now Have More Factors to Consider When Issuing Injunctions

HB 277 also expands the factors judges may consider when deciding whether someone is in “imminent danger” for purposes of a domestic violence injunction.

Courts may now place greater emphasis on allegations involving:

• Threats or intimidation

• Alleged controlling behavior

• Property destruction

• Prior protective orders

• Violence toward pets

• Criminal history involving violence

• Alleged patterns of threatening conduct.

This is important because injunction hearings frequently occur before any criminal case is resolved, and findings made in an injunction proceeding can significantly impact related criminal defense strategies.

Statements made in an injunction hearing can later become evidence in a criminal prosecution.

For that reason, defendants should take injunction proceedings seriously and avoid assuming they are “just family court matters.”

Why Early Legal Representation Matters More Than Ever

HB 277 raises the stakes for anyone accused of domestic violence in Florida.

A charge that once carried misdemeanor consequences may now trigger:

• Felony enhancements

• Increased jail or prison exposure

• Electronic monitoring

• Stricter probation conditions

• Greater risks related to injunction violations

• Long-term collateral consequences.

The earlier a defense strategy begins, the better positioned you may be to challenge witness credibility, preserve favorable evidence, contest injunction allegations, and avoid consequences that could permanently affect your future.

Speak With a Tampa Domestic Violence Attorney Today

If you have been arrested for domestic violence, accused of violating an injunction, or are concerned about how Florida’s new HB 277 law may affect your case, speaking with an experienced Tampa domestic violence attorney as soon as possible is critical.

At Hunt Law, we understand how aggressively prosecutors pursue domestic violence allegations and the life-changing consequences a conviction can carry. We fight to protect your rights, challenge weak evidence, and pursue the best possible outcome in your case. Contact us today for a free and confidential consultation.