What Constitutes Domestic Violence in Florida?

If you or someone you love has been arrested for or  charged with domestic violence, you are likely feeling stressed and overwhelmed. However, facing domestic violence charges does not necessarily mean it will end in a conviction. Florida’s domestic violence laws address different types of violence occurring between members of the same family or household. Below, one of our Fort Lauderdale domestic violence defense lawyers outlines the different charges.

Common Domestic Violence Charges in Florida 

Florida law defines domestic violence as any criminal act that causes injury or death within a family or household. Some of the most common criminal acts that constitute domestic violence are as follows:

• Domestic battery: Domestic battery refers to intentionally striking or touching someone else without their consent and in an attempt to cause bodily harm while the perpetrator and victim share a romantic relationship or a relationship as family members.
• Aggravated battery: Aggravated battery involves intentionally touching or striking another person without their consent, in an attempt to cause bodily harm, and while using a deadly weapon. Aggravated battery often results in significant bodily harm and permanent disability or disfigurement. Aggravated battery is one of the most serious types of domestic violence charges.
• Assault: Many people think assault and battery are the same criminal offense, but they separate and distinct offenses in Florida. Assault refers to the threat of violence, even if no physical contact is made. If a threat is enough to cause someone else in the family or household to be fearful or that physical contact is imminent, domestic assault charges may apply.
• Aggravated assault: Aggravated assault refers to any act of assault but it also includes the use of a deadly weapon.

While the above all refer to physical violence, psychological and emotional abuse can also be classified as domestic violence if it occurs between these types of familial or household members.

No-Drop Policy for Domestic Violence 

In Florida, law enforcement officers are required to make a mandatory arrest when there is probable cause that domestic violence has occurred. For example, a neighbor may hear a violent argument between a married couple and call the police. If law enforcement notices that one of the spouses has a black eye when they arrive, that could give them probable cause that domestic violence occurred and they would have to make a mandatory arrest.

Some Florida prosecutors also have a ‘no-drop’ policy for domestic violence cases. This means that once charges have been filed, victims do not have the authority to demand that they are dismissed. The policy is intended to prevent intimidation or coercion of victims by their abusers and to prioritize their safety.  However, our lawyers are skilled in Florida’s domestic violence laws and can work with a victim to help their wishes to drop a case be heard and acted upon.

Our Domestic Violence Defense Lawyers in Fort Lauderdale Can Help with Your Charges 

Being charged with domestic violence is very scary. Fortunately, an arrest or filing of charges does not mean you are automatically convicted of the offense. At Haber Blank, our Fort Lauderdale domestic violence defense lawyers know the strategies to use in these cases so you can beat the charges and move forward in your life. Call us today at 954-767-0300 or chat with us online to schedule a consultation and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html