Understanding Domestic Violence

Florida Domestic Violence | Understanding The Law

Domestic violence applies to a spouse, someone you currently or used to cohabitate with, or anyone with whom you’re in a relationship. It is not limited to obvious physical brutality.

Understanding The Domestic Violence Law

It can also mean…

  • Endangerment
  • Criminal Coercion
  • Kidnapping
  • Unlawful Imprisonment
  • Trespassing
  • Harassment
  • Stalking

Did you know that ANY unwelcome physical contact is considered battery? Even if there is no injury sustained, a simple touch that is deemed harmful or offensive falls into this category.

Battery or Domestic Violence Case?

When it comes to domestic violence, the charge of battery frequently comes up because there is no official domestic violence charge in a court of law.

The official charge would be battery, but the procedure and sentencing is different. A regular battery charge could get you as little as six months of probation.

When it comes to the same charge against you for something you did to someone in a domestic situation, you are denied contact with the victim automatically. This can only be lifted by a judge. Also, there is no bond issued for a domestic case, unlike a regular battery case.

The statutes in domestic violence case range from…

  • Assault
  • Aggravated Assault
  • Battery
  • Felony Battery
  • Aggravated Battery

That’s a very wide range. If you flick someone’s ear or hit someone with a crowbar, you could face domestic violence related charges.

Most judges require the victim to attend 3 counseling sessions before they can file a motion to lift the no-contact. For a first offense, an attorney can request a one-year diversion program, which entails 26 weeks of counseling and 26 weeks of probation.

After the year is completed, you can file to get your case dismissed. If you try a plea, you may still get the one year diversion, but then the case cannot be dismissed.

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