Florida Domestic Violence Laws

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Florida Domestic Violence Laws
For Defendants and Victims
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Domestic Violence Know NO BOUNDARIES
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Domestic violence is a problem that crosses all
boundaries and can strike anywhere, anytime, to
anyone
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If you are the victim of domestic violence or
have been accused of domestic violence in the
State of Florida
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it is imperative that you have a basic
understanding of the laws relating to DOMESTIC
VIOLENCE
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History of Domestic Violence Laws
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Both the laws and policies relating to domestic
violence tend toward an arrest now, ask
questions later stance
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This is because in the past domestic violence
was largely ignored OR CONSIDERED A PRIVATE
MATTER
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In recent decades, laws have been re-written,
penalties increased, and law enforcement agencies
have adopted more aggressive policies
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Definition of Domestic Violence
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Florida Statute 741.28(2) defines domestic
violence as follows
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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
Florida Statute 741.28(2) defines domestic
violence as follows
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Can a Victim DROP THE CHARGES?
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Heat of anger or other strong emotions sometimes
cause an individual to report an
act of domestic violence that did not occur
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The alleged victim may want to drop the
charges or not press charges
The alleged victim does not have the power to
decide if the case proceeds
The prosecuting attorney on behalf of the State
of Florida will decide if charges are filed
despite what the alleged victim says after the
fact
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This policy exists because true batterers OFTEN
THREATEN OR INTIMIDATE VICTIMS into changing
their story after reporting the abuse
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Misdemeanor or Felony?
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In Florida, domestic violence may be charged as a
misdemeanor or a felony
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Each case is evaluated individually however,
some factors that will influence what charges are
filed include
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The age of the alleged victim
The extent of the injuries suffered by the
alleged victim
The use of a weapon
The defendants criminal history
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Penalties for a Conviction
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Minimum five days in jail if a person is
adjudicated guilty of a crime of domestic
violence and the person has intentionally caused
bodily harm to another person
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Minimum one year probation
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Must complete Batterers Intervention Program
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If defendant has previous conviction for
domestic violence, CHARGED AS FELONY
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Felony carries up to five years in prison
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Aggravated felony carries up to 15 years in
prison
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Additional Consequences of Conviction
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PROHIBITION against owning, purchasing, or
carrying a firearm
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Cannot work as law enforcement officer or join
military
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NOT ELIGIBLE for expungement or sealing of record
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Negative impact in custody or divorce case
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Restraining and No Contact Orders
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RESTRAINING ORDER is a civil order preventing
further contact or abuse by alleged perpetrator
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No contact order will be issued as part of a
criminal case if charges are filed
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Violation can result in revocation of bond and
return to jail until case is over
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Violation can also result in additional criminal
charges
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Defendant can be charged with a violation even if
alleged victim initiated contact
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Want to Know More About Florida Domestic Violence
Laws?
Want to Know More About Florida Domestic Violence
Laws?
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