Domestic Violence Criminal Cases
Domestic violence law and the term "domestic
violence" usually refers to crimes involving domestic abuse, such as child abuse
and child neglect, spousal abuse or domestic-partner abuse, and elder abuse.
Domestic abuse isn't just physical; it also covers the threats, emotional abuse,
harassment, and stalking that a spouse, partner, or date uses to control someone
else's behavior. The abuse can be directed against anyone: children, former
partners, roommates, and parents, but it is most typically directed against
women. Domestic violence is a crime in all 50 states. However, in addition to
cooperating with the prosecution of criminal charges, the victim of domestic
violence can file civil charges. Read the following domestic violence
information to learn more about domestic violence law, domestic abuse law and
spousal abuse. At Kinney, Fernandez, and Boire we represent persons who have
been accused of domestic violence.
Behind Closed Doors
Violence directed at loved ones is against the law. Being married, divorced, or
dating someone does not entitle you to hit, threaten, or abuse those at home. In
Florida, this type of violence / abuse is considered domestic violence and can
be charged as either a felony or misdemeanor, depending on the extent of the
violence & type of injury. Florida is very aggressive in prosecuting these cases
and a person accused of domestic violence should never attempt to handle the
case without the assistance of lawyer.
Domestic Violence - A Clear Definition
The definition of domestic violence includes
abusive relationships where physical violence,
threatened violence, and/or other forms of abuse
These relationships include:
- Separated or Divorced
- Children in common
Domestic Violence and The Harmful Affects On Children
Children can be the recipients of domestic violence, either directly or
indirectly. When a child is the victim of physical striking, verbal abuse,
threats, or sexual misconduct, domestic violence charges are likely.
However, children do not have to be the direct recipients of the violence but
only have to be present during the abuse for child endangerment charges to be
justified. Child endangerment is the abuse a child suffers when witnessing
domestic violence. Child endangerment is a serious crime and charged under the
Florida domestic violence laws.
Florida Domestic Violence Laws
The Florida law is strict on domestic violence offenders. This is why it is
extremely important to have an experienced Florida criminal defense lawyer in
However, if you're a victim of domestic violence, you should immediately contact
your local law enforcement agency. For the victim of domestic violence,
protection should be sought using one of the following means:
- Emergency Protective Order
- Temporary Restraining Order
- Permanent Restraining Order
If you need to file a Restraining Order, the criminal defense attorneys at
Kinney, Fernandez, And Boire P.A. are prepared to advise and assist on this
Domestic Violence - You Can’t ‘Drop the Charges’
Once charged with domestic violence, it is very difficult to get the charges
dropped; no matter how hard your loved one may fight.
In many Florida domestic violence cases, especially with spousal abuse, once an
arrest has been made a Prosecutor will take over the case. When this happens,
even if the victim wants to forgive and forget, the victim is simply a witness
and must take a back seat while the Prosecutor moves ahead with the criminal
Having a skilled criminal attorney in your corner is your best means of defense.
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Can Discuss Your Situation!