Florida Domestic Violence: Not Just Against Family

The standard vision of a domestic violence case will usually involve a husband and wife, but in reality, Florida’s definition of the offense is far more expansive than that. Because living with a spouse is not the only viable familial relationship, Florida’s legislature has broadened the definition to include other relationships – though it can be a surprise this can be to an alleged perpetrator. If you have been charged with a crime of domestic violence, it is absolutely imperative to enlist the right legal help before your case moves forward.

A “Family Or Household Member”

The relevant Florida law defines domestic violence as any criminal act that results in “physical injury or death” to the victim, and specifies that the victim must be a “family or household member” of the alleged perpetrator. In other words, if someone does not fit that list, a crime against them is still a crime, but it may not qualify as a domestic violence offense. That said, if one examines the definition of “family or household member,” it does list examples of who might qualify.

The statute lists spouses, ex-spouses, unmarried co-parents, people related by blood or marriage, and people who were or are “residing together as a family” as family or household members. That standard is a vague one, usually decided on a case-by-case basis. Several factors may play a role in making that determination, from how much time each person spends at home or whether or not finances are shared.

If You Are Charged

If you are charged with a crime of domestic violence allegedly committed against a roommate, long-term houseguest, or someone else who may fall under the umbrella of “residing together as a family” with you, you must take the charges very seriously. Some people try to eliminate the problem by having a talk with the alleged victim, but once law enforcement becomes involved, the situation has officially gone beyond that point.

One thing to remember is that in Florida, a person is not charged with “domestic violence;” rather, they are charged with the underlying offense, such as battery or kidnapping, and then if convicted, the presence of domestic violence factors affects sentencing. The underlying crime is the actual (alleged) harm done to the victim; domestic violence factors will increase the sentence because the offense is seen as particularly dangerous to society.

Contact A West Palm Beach Domestic Violence Attorney

Being accused of domestic violence – no matter who makes the accusation – is a terrifying experience, especially if you believe you are innocent of the charge. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. will help protect your rights during the legal process – call 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