What Is – And Is Not – Domestic Violence In Florida
The average person tends to think that domestic violence is always physical and always happens between spouses. In reality, Florida’s domestic violence law is broad, covering a wide variety of offenses against a defined group of people. If you have been involved in a domestic dispute, it is extremely important to be aware of what exactly is covered by that definition, and what is not – though just because your conduct does not rise to the level of domestic violence does not mean that it will not be legally actionable.
Specific, Yet Broad
Florida’s domestic violence statute defines that type of crime as any “criminal offense” that results in “physical injury or death” to its victim (the statute lists certain examples, but they are not meant to be exclusive). The victim or victims must have a certain type of relationship with the perpetrator – namely, they must be spouses, ex-spouses, unmarried co-parents, related by blood or marriage, or be living together ‘as a family’ (or they were until recently).
It is important to keep in mind that there is a significant category missing from that list of relationships: people in a dating relationship who have no children between them. Strictly speaking, crimes committed by unmarried partners against one another is not ‘domestic violence’ – rather, it is classified in Florida as ‘dating’ violence. There are options to help those who have been (or fear becoming) victims of dating violence, but the process is slightly different.
Consequences Are More Serious
Another thing to note in Florida’s domestic violence definition is that for it to apply, the criminal offense must result in “physical injury or death” to its victim. It is tempting to take this statement as meaning that serious injury must result, but in reality, there are contexts where something as small as a touch could qualify. A person need not think there is no help out there for them simply because they are not sustaining serious physical injuries constantly.
If you believe that you have committed an act of domestic violence, it is crucial to enlist an attorney as quickly as possible. The penalties for a crime of domestic violence versus a crime without those elements vary significantly – for example, aside from jail time, fines, and court costs, a person must attend a batterers’ intervention program as a condition of probation, as well as possibly being required to surrender any firearms and ammunition.
Contact A West Palm Beach Domestic Violence Defense Attorney
It sometimes happens that two people will get into a dispute and things will get out of hand. However, just because a person may not know they have committed a domestic violence offense does not mean they will not be held accountable for it. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can protect your rights in court. Call our office today to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html
