Domestic Violence Charges … Against Roommates?

The average person generally believes that one can only commit domestic violence against a spouse or partner. In reality, many U.S. states (Florida included) have rewritten their domestic violence statutes to include crimes against many different people – including some with whom you may have no romantic relationship at all. If you have been charged with this type of offense against another person, it is crucial that you understand exactly what the law states in this case.

More Than Just Spouses

Florida’s domestic violence statute defines the crime as any criminal offense which “results in physical injury or death” to a victim – but the victim cannot be just anyone. Rather, they must be a “family or household member” of the alleged perpetrator for domestic violence sentencing enhancements to apply (if convicted). The statute explicitly spells out who is in that class. If the victim is:

• A spouse or ex-spouse;
• An unmarried co-parent;
• Someone related to the perpetrator “by blood or marriage;” or
• A person with whom the perpetrator was or is “residing together as a family unit;”

then a crime against them may qualify as domestic violence under Florida law.

The rationale behind expanding the statute beyond spouses is fairly straightforward: if a crime is ‘domestic,’ it makes the place that should be safest in the world for an individual – their home – unsafe, and this is seen as a particularly serious offense against society as well as the individual victim. While a person might have ‘domesticity’ with a romantic partner, the truth is that this status can apply to many different people, and they have the right to protections against physical violence as well.

Context Matters

It is easy to arrive at a finding of domestic violence when the two people involved in a dispute are married or co-parents, but if the relationship is more distant, it can sometimes be difficult for law enforcement to determine whether the people involved are truly acting as a ‘family unit.’ In cases involving people such as roommates, extended family, or unexpected guests, context is key. For example, if two roommates pool finances and have lived together for years, a court is more likely to deem them a ‘family unit’ than two individuals sharing an apartment for a month.

While every case is different, these cases can be particularly complex because of the dynamics involved. If you have been involved in a domestic dispute with a person in your ‘family unit,’ it can not only affect the relationships between people, but it may affect your having a roof over your head. Enlisting an attorney to help guide you through the legal process can help ensure that your rights are protected.

Contact A West Palm Beach Domestic Violence Attorney

Crimes of domestic violence can be straightforward and simple, or they can be complex and confusing. Regardless, a West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. can help answer your questions and manage your concerns about the process. Contact our office today 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