Category Archives: Domestic Violence
Domestic Violence & The “Duty To Retreat”
As of 2023, 28 U.S. states (including Florida) and Puerto Rico had laws known as “stand your ground” laws, which echo the common-law “castle doctrine” in eliminating any duty to retreat from a violent home invader. One of the areas of law where “stand your ground” is perhaps most relevant is in discussing crimes… Read More »
A “Reasonable Fear” Of “Imminent Harm” in Domestic Violence Cases
The Florida legislature has passed many different laws in order to protect alleged victims of domestic violence, including the granting of injunctions (also called restraining orders) against alleged abusers. Many people think it is easy to obtain a domestic violence injunction (DVI), while in reality, the petitioner must demonstrate that the situation is serious… Read More »
What Is – And Is Not – Domestic Violence In Florida
The average person tends to think that domestic violence is always physical and always happens between spouses. In reality, Florida’s domestic violence law is broad, covering a wide variety of offenses against a defined group of people. If you have been involved in a domestic dispute, it is extremely important to be aware of… Read More »
Explaining Domestic Violence Battery In Florida
There are many different kinds of offenses that fall into the category of domestic violence in Florida, but by far the most common is battery. Domestic violence battery, as it is known, is usually charged more stringently than in a standard battery case, due to the relationship between the two people involved – and… Read More »
What Are The Most Common Defenses To Domestic Violence Charges?
Being charged with a crime of domestic violence in Florida can be a terrifying prospect. In addition to any jail time you might serve or fines you may be assessed, the stigma of a domestic violence conviction can affect your future prospects. If you are facing these charges, it is pivotal to enlist the… Read More »
Are More Domestic Violence Crimes Committed During Summer?
It is considered a bit of an urban legend that crime rates rise during the summer, particularly more ‘intimate’ crimes like domestic violence. This rise can be attributed to shorter tempers, more time at home, and a host of other reasons that can lead to discord – however, some researchers and law enforcement professionals… Read More »
Can I Persuade My Alleged Victim To Drop Domestic Violence Charges?
If you have been charged with a crime that falls under the umbrella of domestic violence, it is crucial that you take such a charge seriously. It is understandable, particularly if this is your first run-in with the law, to be uncomfortable or even frightened at finding yourself in this kind of situation –… Read More »
Domestic Violence Against A Pregnant Person Carries Stiffer Penalties
Crimes of domestic violence are taken seriously in Florida, regardless of who the alleged victim may be. However, there are certain particular classes of victims against whom domestic violence is seen as particularly egregious. Pregnant people are at the top of this list; their biological and medical status – particularly during a difficult pregnancy… Read More »
How Can Domestic Violence Affect Divorce?
Divorce is never easy, but when domestic violence is a factor, things can get infinitely more complex. Discussions of child visitation and custody are immediately made minefields if a parent has been convicted of a crime of domestic violence, and it can cause major problems for that parent in terms of establishing that they… Read More »
Legal & Practical Consequences Of A Domestic Violence Conviction
Domestic violence is a serious crime that is treated as appropriately serious by Florida authorities. The state does not have one specific cause of action referred to as ‘domestic violence;’ rather, it is treated as an umbrella under which several crimes fit. If a person is convicted of a crime of domestic violence, there… Read More »