Domestic violence in Florida defines is 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, committed by a family or household member against another family or household member.
“Family or household member” refers to any of the following persons:
- current or former spouses
- persons related by blood or marriage
- persons currently or formerly residing together as if a family, or
- parents who have a child in common, regardless of whether they were at any time married.
With the exception of parents who have a child in common, the persons must currently or previously have resided together in the same single dwelling unit in order to be considered a family or household member under Florida law.
(Fla. Stat. § 741.28).
A defendant found guilty of a domestic violence offense must serve a minimum of one year on probation, during which time the defendant must attend a batterers’ intervention program. The court is required to impose the batterers’ intervention program as a condition of the defendant’s probation unless the court states on the record why it believes this program would not be appropriate.
Someone who is convicted of a domestic violence offense involving the intentional infliction of bodily harm to another person must serve a minimum of five days in the county jail, unless the defendant’s sentence includes a non-suspended period of incarceration in a state correctional facility.(Fla. Stat. §§ 741.281, 741.283).
741.28 Domestic violence; definitions.—As used in ss. 741.28-741.31:
(1) “Department” means the Florida Department of Law Enforcement.
(2) “Domestic violence” means 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.
(3) “Family or household member” means 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. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
(4) “Law enforcement officer” means any person who is elected, appointed, or employed by any municipality or the state or any political subdivision thereof who meets the minimum qualifications established in s. 943.13 and is certified as a law enforcement officer under s. 943.1395.
A conviction for a domestic violence offense in Florida can carry significant criminal penalties. Allegations of domestic violence can also subject you to an injunction that affects your parental rights as well as the disposition of shared property. If you are charged with a domestic violence offense or are accused of domestic violence in a petition for an injunction, an experienced lawyer can provide invaluable guidance. A lawyer will protect your rights and work towards a successful resolution of your case. If your case proceeds to trial, a skilled lawyer will contest the prosecutor’s case while advocating for your acquittal.
For more information please contact our office now to set up an appointment with attorney Daniel Lenghea to determine the best cause of action.