Stay-at-home orders have, like many predicted, resulted in an increase of reported domestic violence, an unfortunate byproduct of the COVID-19 pandemic. Mere allegations of domestic violence can have life-altering consequences for not only defendants and victims but for the family members of each party. We’ll go over some of the more prominent considerations that arise from domestic violence in Florida.
Domestic Violence Definition
The crime of domestic violence occurs when another crime is perpetrated between two family or household members. According to the Florida Statutes, crimes that give rise to domestic violence charges include:
- Assault
- Aggravated assault
- Battery
- Aggravated battery
- Sexual assault
- Sexual battery
- Stalking
- Aggravated stalking
- Kidnapping
- False imprisonment
- Any other criminal offense resulting in physical injury or death
The penalties for each of the above crimes are more severe if they occur under the umbrella of domestic violence. Not only do certain minimum sentences kick in, but the defendant will have to complete a 26 week Batterer’s Intervention Program as well as 12 months of probation. Additionally, the perpetrator will lose certain rights such as the legal ability to conceal carry a firearm.
Injunction for Protection
Another important consideration for those accused of domestic violence or victims of such an act is whether or not an injunction for protection will come into play. You might know this legal tool as a restraining order. The essential purpose of these civil injunctions is to keep away an alleged abuser from the victim. An injunction for protection often places numerous restrictions on the alleged abuser; for instance, he or she might be barred from even contacting family or household members.
Injunctions for protection can be granted on a temporary basis if domestic violence has already occurred or the judge believes the claimant is in immediate danger of becoming a domestic violence victim. Once a hearing is set and both sides can present their cases, the judge can decide whether or not to extend the injunction. If an abuser violates the injunction, he or she will be charged with a first-degree misdemeanor.
Domestic Violence and Family Law
Domestic violence charges and injunctions for protection are rather unique because they intersect with so many other aspects of our lives. A common result of these types of charges of injunctions is the prohibition of the abuser to visit with his or her children. The abuser might even be kicked out of the marital home.
In a divorce, domestic violence often figures heavily into the final settlement. Judges are understandably reticent to grant unsupervised visitation, much less time sharing, to those found guilty of domestic violence. Abusers occasionally lose all parental rights in extreme cases.
Our Firm is Positioned to Help You
Domestic violence is hardly ever just a criminal matter. Depending on which side of the allegation you are on, you might need both a family law attorney and criminal attorney. Titan Law is a flexible firm that can handle a wide variety of legal issues, and we would be glad to handle any sensitive issues that arise with domestic violence allegations.
Please reach out to us here through our website (you may call or fill out a form) so we can discuss your options soon.
