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. You can locate a domestic violence lawyer, attorney or a child abuse lawyer by using the lawyer search directory.
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.
Domestic Violence - A Clear Definition
The definition of domestic violence includes abusive relationships where physical violence, threatened violence, and/or other forms of abuse exist. These relationships include:
- Spousal
- Separated or Divorced
- Cohabitant
- Dating
- Children in common
Domestic Violence and 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.
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 your corner.
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:
They include:
- Emergency Protective Order
Valid for 5 days, this type of Restraining Order is issued by law enforcement. - Temporary Restraining Order
For those cases that are not serious enough to be considered by the district attorney, this type of Restraining Order can be granted for 3 weeks up to 3 years. If this order is violated, he/she can be charged with: - Contempt of Court
- Misdemeanor
- Jail time (up to 1 year)
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 matter.
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 case.
Having a skilled criminal attorney in your corner is your best means of defense.
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