Blog

domestic abuse

Florida’s Domestic Violence Laws

What is Domestic Violence?

Florida Statute 741.28(2) defines domestic violence as, “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.”  

Domestic violence is also referred to as relationship abuse or intimate partner violence and is violent or aggressive behavior within the home, typically involving the extreme abuse of a spouse or partner. It can affect or be perpetrated by anyone regardless of gender, age, race, religion, education level, or economic status.

Any threat or act of physical harm, controlling what a partner does, forcing them to behave in ways they are not comfortable with, threats, intimidation, sexual or physical violence, emotional abuse, emotional or economic deprivation are fall under the umbrella of domestic violence within a dating relationship.

A dating relationship is two people who have been part of a romantic, intimate or sexual relationship. For persons in a current or former dating relationship, Florida will issue an injunction provided an individual can prove immediate danger or injury within the dating relationship.

Domestic Violence Crime Types

Under Florida law, domestic violence includes assault, aggravated assault, battery and aggravated assault, sexual assault, sexual battery, stalking, aggravated stalking and kidnapping. Depending on the type of violence, a domestic violence charge can result in the prosecution of the offense as a felony which would give the offender a more severe punishment. When the perpetrator violates the injunction, they face prosecution by the state.

Signs You Are in an Abusive Relationship

  • Is jealous when you spend time with your friends and discourages you from spending time with other people, controls where you go and what you do
  • Insults or shames you
  • Monitors how much money you spend or does not give you money for necessary expenses
  • Acts in a way that scares you or threatens to harm you
  • Prevents you from working or furthering your education
  • Pressures you to have sex or to do sexual things you are not comfortable with or to use drugs and alcohol

What to Do if You Are a Victim of Domestic Violence

The first step is to reach out to law enforcement, and if there are signs of bruising, injuries or a struggle, the perpetrator will likely be put in jail and held on a no-bond status until their first court appearance with a judge within 24 hours. Perpetrators will then have the opportunity to post the bond under the conditions they will not return to the scene of the offense, will have a no-contact order and agree to have their movements monitored.

What to Do When Accused of Domestic Violence

Be polite to the police, but remember you are not legally required to tell the police anything about the situation. Do not make any written statements or discuss anything regarding the domestic situation on the jail phone. You will not be released from jail until you see a judge. Once discharged, contact Ronald Chapman for legal advice. He may be able to modify any conditions of release set by the judge and will advocate for you when speaking with the prosecutor regarding filing charges.

Defense Attorney West Palm Beach

Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help.

Schedule your FREE Consultation! Call (561) 832-4348 or visit his website.

Visit us at https://justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.

 

Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
561-832-4348

 

© Copyright 2018. All Rights Reserved.