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Originally Posted On: https://bippermedia.com/what-are-the-domestic-violence-laws-in-florida/
Domestic violence refers to an act of violence that is typically perpetrated against individuals in a shared domestic relationship. An individual’s married partner, close friend, relatives, romantic partner, and sexual partner fall in this category and the law protects these individuals from the possibility of assaults and attacks.
Depending on the state you are located in, oral or physical threats may also be categorized as domestic violence. If you are convicted on the charge of domestic violence, you will be expected to adhere to certain course-issued orders that are designed to protect the victim in question. Domestic violence charges can also leave a criminal penalty record and depending on the case, you can be incriminated from a few months to several years.
If you or your loved ones are the victims of domestic violence, continue reading to know all about domestic violence laws. Alternatively, if you or your loved one are wrongfully convicted of domestic violence then the following sections will be useful to you as well.
Which individuals are deemed protected under the law of Domestic Violence?
Florida law defines domestic violence as, “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
The law goes on to define family or household members as, “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.”
This criterion makes the law naturally applicable to an individual’s married partner, kids, and others with whom they share an intimate (romantic and/or sexual) relationship. Given the definition of domestic violence, an individual does not necessarily need to share property with the perpetrator.
The legal bodies understand that domestic violence may occur even several years after the relationship ended. That is why the law also applies to formerly married partners and former individuals with whom the perpetrator shared a relationship at some point.
Depending on the jurisdiction where the case operates, it may not even be required for the aggressor and the domestic violence victim to have shared the roof for the criminal act to apply to the former.
Domestic Assault and Convictions
Florida’s laws and penalties for domestic violence vary depending on the severity of the case and the type of assault. For any domestic violence act, the perpetrator will be sentenced to a mandatory minimum term of imprisonment.
If this is the first offense and the person intentionally caused bodily harm to another person, the court will order them to serve a minimum of 10 days in the county jail. If it’s their second offense, the court will order them to 15 days in the county jail. If it’s their third or subsequent offense, the court will order them to 20 days in the county jail unless the courts sentence them to a non suspended period in a state correctional facility.
If this is the first offense and the person intentionally caused bodily harm to another person who was under the age of 16, the court will order them to serve a minimum of 15 days in the county jail. If it’s their second offense, the court will order them to 20 days in the county jail. If it’s their third or subsequent offense, the court will order them to 30 days in the county jail unless the courts sentence them to a non suspended period in a state correctional facility.
Depending on the severity of the domestic violence crime, the perpetrator might face harsher sentences and longer jail times.
In addition to jail time, any person who’s been charged with domestic violence, will be sentenced to a minimum of one year of probation by order of the courts.
Committing an act of domestic violence means this crime will permanently be on your criminal record and you cannot have your record sealed or expunged. Committing an act of domestic violence is a serious crime and it’s crucial to have strong legal representation if you find yourself in this situation.
Hire a Criminal Defense Attorney for Domestic Violence Convictions
A criminal defense attorney will work with you to explain your rights, the defense options available, and the next steps in the legal process.
Common defenses for domestic violence accusations are:
- Self defense
- Defense of others
- Florida’s Stand Your Ground Law
- The victim does not have any injuries
- The domestic violence allegations are false
Be sure to talk with your attorney so they can develop the best plan to defend your rights.
At Hanlon Law, we understand that domestic violence charges can be debilitating. So, whether you are a victim of an individual who has been wrongfully convicted of a crime, it is crucial to seek proper legal counsel. The attorneys at Hanlon Law are experts at domestic violence cases. Our legal team has represented individuals who were wrongfully convicted of domestic violence as well as others who were a victim of the crime.
We understand the intimate and emotional nature of domestic violence cases, and we will work with you to achieve the best results for your case. Contact us today for a free consultation and we’ll discuss how our team can help you.
Hanlon Law
1111 3rd Ave W Ste 310
Bradenton, FL 34205
(941) 253-0254
https://www.criminalattorneybradenton.net
