Can Anyone File Domestic Violence Charges In Florida?
According to the movies and TV, only spouses can file domestic violence charges against each other – but in real life, the list is much longer, including ex-spouses, unmarried co-parents, and anyone living together ‘as a family.’ That said, there is a specific list of people who may act as the victim in domestic violence-related cases. The right attorney can help untangle what can be a complex legal situation.
A Specific Group Of Victims
In most criminal cases, one might say that the victim is the person bringing charges against the alleged perpetrator, but two factors play into that statement. The first is that in reality, the State’s Attorney from the relevant county is technically the one bringing charges; the second is that only a certain class of victim may file a complaint specifically alleging domestic violence.
If one examines the relevant law, it states that a crime of domestic violence is one that results in “physical injury or death” to a “family or household member” of the perpetrator. A ‘family or household member’ is defined as:
- A spouse or former spouse;
- An unmarried co-parent;
- A person related to the perpetrator by blood or marriage; and/or
- People who are or were “residing together as a family.”
If a person does not share one of these relationships with the alleged perpetrator, they cannot seek domestic violence charges, but they can file a complaint for standard assault or other offense if they believe they have been victimized.
Sentencing Is Harsher
If you have been charged with a crime after a domestic dispute, it can seem immaterial as to whether the offense is domestic violence-related or not. However, there are differences that make themselves plain in domestic violence cases, most notably at sentencing. While many judges will be relatively lenient with certain defendants, particularly first-time offenders, domestic violence defendants are somewhat of an exception, primarily because statistics show a high rate of recidivism in this group.
In general, a sentence for a domestic violence crime may carry a similar level of prison time and financial cost as an offense with no domestic violence factors present. However, a crime of domestic violence carries numerous post-sentencing consequences that a ‘standard’ offense does not. For example, a person charged or arrested with domestic violence cannot legally carry a firearm, or have their criminal record expunged.
Contact A West Palm Beach Domestic Violence Attorney
Domestic violence cases can become very complex and very ugly. Having the right attorney on your side can help to guide you through the legal process. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. is ready and willing to try and assist you with your case. Contact our office today to speak to an attorney.
