Do Threats Count As Domestic Violence?

Most domestic violence laws, Florida’s included, characterize physical injury or death as a part of what defines the crime. However, if there is a pattern of criminal threats or other verbal abuse between a victim and a defendant in a domestic violence case, it is still important, and can still lead to charges, or have a major bearing on a current domestic violence case. The right attorney can help clarify just what this treatment may mean in court – and how to potentially get it to stop.

Most Speech Isn’t Criminal, But …

In the United States, most types of speech are not criminal – and in those that are, it is normally the time, place, and/or manner of speech that is restricted, rather than the mere fact of having an opinion. (The First Amendment does not, of course, protect you from private consequences of your speech – for example, declaring your love for the Dolphins does not protect you from being teased by Jaguars fans!)

Criminal threats, however, particularly when coupled with the possibility of carrying them out, are one of the types of speech that is explicitly not protected by U.S. or Florida law. While not all threats are ‘criminal,’ legally speaking, those that are both violent and imminently plausible generally are. If the person being threatened perceives it as a real and immediate threat, it is almost certainly actionable – and will often trigger a police investigation.

Still Relevant

While criminal threats are treated as a crime related to domestic violence, it is important to understand that threats of a lower level are still important and relevant if one finds themselves in this type of situation. A history of threats and other dangerous or violent behavior is relevant in what is known as a lethality assessment. Lethality assessments have been required of Florida law enforcement since 2024 and the passage of the Gabby Petito Act, and they are meant to create a paper trail of sorts to refer to in the event of future violence in a relationship.

In addition to a lethality assessment, threats can be persuasive evidence for a person in search of a domestic violence injunction (DVI). In order to obtain a permanent DVI, a person must present evidence that establishes they have been a past victim, or have a reasonable fear of becoming a future victim, of domestic violence – and credible threats certainly fit that bill in most cases.

Contact A West Palm Beach Domestic Violence Attorney

Too many people persist in the belief that domestic violence must be physical, when the reality is more complex. If you have been the recipient of criminal threats in Florida, you have the right to seek help. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. will work hard to protect your rights. Call our office today to speak to an attorney.

Source:

gabbypetitofoundation.org/in-the-news/gabby-petito-act-passed-in-florida-march-6-2024