Domestic Violence in Florida
Domestic violence is governed by Florida Statutes Sections 741.28 through 741.30. These laws define domestic violence, outline the penalties for offenders, and provide protections for victims.
Under Florida Statute 741.28, domestic violence includes assault, battery, sexual battery, stalking, kidnapping, and other criminal offenses resulting in injury or death involving family or household members.
Family or household members refer to spouses, former spouses, persons related by blood or marriage, and those who are parents of a child in common. It does not matter if they have never been married to each other. With the exception of those who have a child in common, the family or household members must be currently residing together or have lived together in the same single dwelling unit in the past.
Domestic violence may include physical violence, emotional abuse, economic abuse, sexual violence, threats relating to children, and pet abuse.
Penalties for Domestic Violence
The penalties for domestic violence depend on the severity of the crime. For example, misdemeanor domestic battery (also known as simple battery) is the most common form of domestic violence. Punishment includes up to one year in jail and $1,000 in fines. There is also mandatory 12-month probation and community service. The person must also attend a 26-week Batterer’s Intervention Program. In addition, they will not be able to be around or contact the victim and can lose their concealed carry rights.
A person can face more severe felony domestic violence charges in cases of aggravated battery or strangulation. The DV Battery by Strangulation is a third-degree felony, which is punishable by five years in prison and a $5,000 fine. Aggravated Battery is a second-degree felony is punishable by 15 years in prison and a $10,000 fine. Some Domestic Violence crimes can be a first-degree felony, which is the most severe, and can result in up to 30 years in prison and a $10,000 fine.
A person convicted of domestic violence may face additional consequences such as:
- Mandatory no-contact order in many cases
- Potential permanent criminal record
- Difficulty securing housing or employment
- Possible loss of child custody or visitation rights
Possible Defenses
There are several defenses to domestic violence charges in Florida:
- Self-defense or defense of others. If you acted to protect yourself or other family members from harm, you may argue that your actions were justified. You must show that you reasonably believed force was necessary to prevent injury.
- False allegations. Domestic violence accusations are sometimes made out of anger, jealousy, or as a tactic in divorce or child custody disputes. If you can prove the accuser is lying, your case may be dismissed.
- Lack of evidence. Prosecutors must prove domestic violence beyond a reasonable doubt. If there is insufficient evidence, such as no physical injuries, conflicting witness statements, or lack of witness participation, the charges may be dropped.
Contact Us Today
Domestic violence charges are taken seriously in Florida. If you are facing charges, you need to understand the consequences.
Protect yourself with help from a Fort Myers domestic violence defense attorney from Hollander & Hanuka. Several legal defenses may be available to challenge domestic violence charges. We’ll help you secure the best possible outcome. To schedule a consultation, call (239) 332-3300.
Source:
flsenate.gov/Laws/Statutes/2018/741.28
