Dating Violence vs Domestic Violence

Legally, Florida distinguishes between dating violence and domestic violence, primarily because dating relationships are assumed to be easier to flee. While sometimes this is not the case, the state nonetheless chooses to have two separate categories for these types of offenses. One might not think it matters, but the law treats domestic violence very differently than dating violence. If you are in a dangerous dating relationship, do not lose hope – the right attorney can help you get justice.

Differing Relationships

Domestic violence is defined as being perpetrated against spouses, ex-spouses, unmarried co-parents, or people who were (or are) residing with the perpetrator ‘as a family.’ The term ‘dating violence,’ by comparison, only applies to incidents between two people who had a relationship that (1) lasted at least six months; (2) was more than a casual acquaintanceship or a friendship; and (3) involved expectations of ‘affection or sexual involvement.’

In both domestic and dating violence situations, certain offenses immediately qualify, such as kidnapping, assault, battery and stalking, though any list is not exhaustive. However, being convicted of a crime of domestic violence will result in a stiffer sentence than being convicted of a crime committed as dating violence, because domestic violence itself is seen as a breach of the family unit, which is highly prized.

Potential Fallout Beyond Conviction

In terms of victims seeking relief, both victims of dating and domestic violence may seek injunctions (also known as restraining orders) if they can show a judge that they have a reasonable fear for their safety. A temporary or ex parte order can be issued without a hearing, but a more permanent injunction requires a hearing so that both the alleged victim and perpetrator can have their stories heard. This is in addition to any criminal proceedings brought against the alleged aggressor.

If you have been charged with a crime under the heading of dating violence, it is important to enlist an experienced attorney to protect your interests. An attorney can advise you both as to the in-court process, and the potential outside events that may happen, such as having an injunction issued against you. It is crucial not to seek contact with the victim, and the right attorney can help ensure you are focused on the right things.

Call A West Palm Beach Domestic Violence Attorney

People believe that dating violence is taken less seriously than domestic violence, which is not the case – but the procedures in dealing with both legally do differ. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help answer your questions about dating and domestic violence, and help you move forward. Contact our office at (561) 721-0552 to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html