Suspect In Florida Domestic Violence Stabbing Arrested In Houston

In late November 2024, an 18-year old Orlando woman was arrested in Houston, Texas, on suspicion of stabbing her boyfriend to death. She allegedly stabbed him in August after an argument that escalated into a physical confrontation. It remains to be seen whether the woman will be extradited to Florida to stand trial, or will face legal consequences in Texas, but either way, some news outlets referred to this as a crime of domestic violence. Technically, this offense does not qualify under Florida law.

Not All Intimate Partner Violence Is Domestic Violence

Florida’s definition of domestic violence encompasses any criminal offense that “results in physical injury or death” to a person who has a specific relationship with the alleged perpetrator. The victim must be the perpetrator’s spouse, ex-spouse, unmarried co-parent, related to them by blood or marriage, or be currently or formerly “residing together as a family.”

It is notable that while a spouse or an ex-spouse is counted as a family or household member for the purposes of this law, a dating relationship is not mentioned. If the two people do not live together, as seems to have been the case with the Orlando woman and her boyfriend, a victim of mistreatment cannot strictly characterize the abuse as domestic violence. However, this does not mean that the perpetrator will not be held accountable.

Does The Distinction Matter?

Instead of characterizing this type of offense as domestic violence, it is characterized in Florida as dating violence. This may seem like a difference without distinction, but if you have been accused of this type of offense, it can matter, not least of all because it may be possible for your alleged victim to obtain a dating violence injunction against you. A temporary or “ex parte” injunction can even be obtained against you without your knowing (though a permanent injunction may not).

In order to establish the need for a dating violence injunction, state law requires that three things be true: (1) that the relationship between you and your partner have lasted for at least 6 months; (2) that it be intimate in nature; and (3) that intimacy must have become an accepted part of the relationship. If your alleged victim receives an injunction and you violate it, you may face additional penalties for the violation on top of any sentence for the underlying crime.

Call A West Palm Beach Domestic Violence Attorney

While it remains to be seen what will happen in the case of the Orlando woman, it is crucial that you call a West Palm Beach criminal defense attorney if you have been charged with this type of offense. The firm of Perlet & Shiner, P.A. can help ensure your rights are protected. Contact our office today to speak to an attorney.

Source:

khou.com/article/news/crime/texas-southern-university-student-arrested-in-connection-with-florida-murder/285-7c0aefdd-058b-4121-b403-d132a0ac4861