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Domestic Violence Laws in Florida

Florida has created criminal and family law statutes to the prosecution and prevention of domestic violence. This type of crime occurs when one party commits assault, battery, stalking, kidnapping, or physical injury to a member of their household or the person they share a child with.

Domestic violence is not only a dispute between household members; it also accounts forsevere acts of abuse and disrespect.

Domestic violence is when one household member does any of the following to another:

  • physical harm;
  • emotional harm;
  • harming or threatening to harm household pets;
  • acting with severe possessiveness or jealousy;
  • isolating the other party from family and friends;
  • threatening to commit suicide;
  • threatening to murder the other party;
  • controlling all finances;
  • withholding medical attention; and/or
  • stalking.

Aside from parents who share a child, the alleged aggressor must reside in the same dwelling as the victim; or have resided together in the past.

Penalties

In Florida, anyone convicted of domestic violence must serve at least 5 days in jail. This sentence could extend to more time in prison, probation, or community service depending on the severity of the crime.

Other penalties might include:

  • completing a 26-week Batterer’s Intervention Program;
  • losing rights to carry a concealed weapon;
  • completing treatment of substance abuse issues;
  • completing psychological evaluations and/or treatment;
  • completing anger management courses;
  • paying fines and court fees; and/or
  • a possible no contact or injunction order.

If the domestic violence victim had a restraining order or injunction in place before the crime, the judge could prosecute the violation of this order as a misdemeanor.

Injunctions

A domestic violence injunction is a legal action a person can file against an accused aggressor before their case goes to trial. To initiate an injunction, a person must file a petition before filing criminal charges.

Upholding Your Personal Rights

Florida takes domestic violence cases very seriously. The Law Office of Jody L. Fisher can help you protect your rights.

Contact the firm online or call us at (352) 503-4111 for a case evaluation.

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