Florida Domestic Violence Laws Explained

Facing an accusation of domestic violence can be severely detrimental to your reputation, your personal relationships, and your employment status. Even if there is little to no evidence against you, the court may decide to restrict your access to your children, your home, and more. It is vitally important that you take the proper steps to protect yourself in the event of an accusation by understanding the Florida domestic violence laws.

Florida Domestic Violence Laws

Domestic violence occurs when one individual makes a physical or verbal threat against another individual with whom they share an intimate relationship. This could include a spouse, partner, parent, or child that they share a home with. Other relationships that could result in a domestic violence charge include:

• Ex-spouses
• Family members related by blood or marriage
• People who are living together as a family
• People who used to live together as a family
• People who have a child together, even if they are not living together

For a crime to be classified as a domestic violence case in Florida, the victims involved must have a specific familial relationship with one another, particularly as members of a family or as a household.

State statutes describe domestic violence situations in Florida as assault, battery, sexual assault, sexual battery, aggravated assault, and battery, stalking, false imprisonment, kidnapping, and any other criminal offense that results in the physical injury of a family or household member. Cases of domestic violence can be quite complicated. There are different steps taken to protect the victim, and the penalties that those convicted face could be significant.

Domestic violence cases are largely considered misdemeanors if the case is a first-time offense and does not result in serious injury to the victim. However, if the case is a repeat offense or serious harm is inflicted on the victim, the case will likely be charged at the felony level.

Penalties for Domestic Violence

According to the state statutes, domestic violence is classified as a first-degree misdemeanor resulting in penalties including up to a year in prison and a fine of $1,000. Certain cases, however, could result in an increase in charges with additional penalties. These mitigating circumstances outline the severity of the crime. Other penalties you could face include:

• Mandatory completion of a batterer’s intervention program
• Minimum of five days in jail
• Up to a year of probation
• Additional community service hours
• Loss of civil liberties, such as the right to bear arms
• A restraining order against you

A domestic violence conviction in Florida cannot be expunged from your record or sealed from the public. It will stay with you forever and can prevent you from holding certain jobs and applying for housing, and it can impact your personal relationships. It can be used against you in custody hearings, divorce proceedings, and even promotion considerations.

Domestic Violence Injunctions

Those who are accused of domestic violence could also face one of five types of injunctions that seek to provide protection to the identified victim. While these injunctions could be temporary, they do become part of your permanent record and could show on background checks for resident applications and employment. The five types of injunctions include:

• Domestic violence injunction. When a case of domestic violence occurs, this type of injunction becomes necessary for temporary protection.
• Repeat violence injunction. When a victim is subjected to more than one instance of violence by a family member, they could file for this type of injunction. One of the incidents must have taken place within the last six months.
• Sexual violence injunction. This type of injunction is awarded when a criminal sex act has occurred, and the victim not only reports the incident but also actively engages in the subsequent criminal process.
• Dating violence injunction. If a romantic relationship has existed within six months and violence took place, this type of injunction could help to provide protection to the victim.
• Stalking violence injunction. Incidents of repeated harassment or if you are being followed by another person with no valid rationale, this type of injunction could be awarded.

While injunctions are a crucial step in providing protection and keeping the potential perpetrator and victim apart and safe, they could be awarded on false premises. Working with your attorney could help avoid such unnecessary measures.

FAQs

Q: How Does Florida Protect Domestic Violence Victims?

A: Florida protects domestic violence victims in several different ways. The state can help victims file for a restraining order or an injunction that can prevent the alleged abuser from engaging with the victim further. The state also provides access to various shelters and advocacy programs for victims and can assist with removing the alleged abuser from a shared residence and force them to participate in intervention programs. There are multiple avenues to take.

Q: What Happens in Domestic Violence Cases in Florida?

A: Many different things can happen in domestic violence cases in Florida. It depends entirely on the case at hand, as every domestic violence case is different, with its own specific set of circumstances unique to the case at hand. Domestic violence cases are often emotionally charged and can result in lifelong consequences for both the alleged abuser and the victim.

Q: What Is the 741.28 Statute in Florida?

A: Florida Statute 741.28 outlines the definitions of domestic violence in Florida, as well as the various kinds of family members and household members who can be considered domestic violence victims if an incident were to happen to them. Domestic violence in Florida is considered any act of stalking, kidnapping, assault, battery, sexual assault, or aggravated assault that is done against a family member or a member of the household.

Q: What Is the Law for Emotional Abuse in Florida?

A: The law for emotional abuse in Florida is explained in Florida Statute 768.72, which outlines the consequences for an alleged abuser who engages in conduct with another person and causes them intentional emotional distress. Coercive control is emotional abuse and can be a means for an alleged abuser to try and control someone through non-physical manipulation. It can be considered a first-degree misdemeanor to engage in these behaviors.

Florida Domestic Violence Lawyer

Facing charges of domestic violence can be an overwhelming experience that you may simply be unprepared to deal with on your own without legal assistance. An experienced domestic violence lawyer from the Law Offices of Nellie L. King can help you defend yourself at a time when it may be difficult to get people on your side. Contact us to speak with a valued team member and schedule a consultation.