Florida’s Domestic Violence Cases Set Precedents

The way that the average person defines domestic violence, also called intimate partner violence (IPV), differs significantly from most legal definitions of the term. Florida’s is broad, including any criminal offense “resulting in physical injury or death” to one or more of a specific class of victims. This definition has been built on the proverbial backs of past legal cases that now help spell out the rights of both victim and alleged abuser.

Federal Case Defines ‘Physical Force’

The cornerstone of Florida’s definition of domestic violence is that finding that alleged IPV must result in ‘physical injury or death.’ A Supreme Court case called U.S. v. Castleman (2016) helped to clarify that for purposes of alleged domestic violence, even a minor slap or push can qualify as ‘physical injury.’ While this may seem unfair, this helps to protect victims, because it is not actually uncommon for abusive relationships to involve little to no physical violence. Instead, some abusers engage in what is known as coercive control.

Florida Courts Forbid Expungement

In several cases around 2000, Florida’s Courts of Appeal held that while some criminal convictions may be expunged or a person may have their record sealed, this does not extend to any type of domestic violence conviction. Domestic violence crimes are seen as ‘dangerous’ or particularly egregious under Sec. 741.28, and crimes characterized in this way cannot be expunged.

What this means is that anyone convicted of a crime of domestic violence cannot remove that from their criminal record. This means that the conviction will be visible to those who perform background checks – for example, potential future landlords or employers. This is all the more reason for those accused of these offenses to enlist the right attorney.

Consent Is Not A Defense

A handful of Florida cases have helped to underline the principle that consent is not a defense to any kind of domestic violence offense (with the exception of sexual acts between two adults, which are generally not criminal if consented to). As the concurrence in State v. Conley (2001) states, the idea that anyone can consent to being battered flies in the face of both Florida’s legislative intent and the rules of civilized society. Domestic violence should be seen as a societal ill, rather than as a private matter, and to allow consent to mistreatment directly opposes that view.

Contact A West Palm Beach Domestic Violence Attorney

If you have been charged with a crime of domestic violence in Florida, it can help to understand the laws upon which the state may make its case against you. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help protect your rights during the legal process. Call our office today at (561) 721-0552 to schedule a consultation.

Source:

justice.gov/usao-wdtn/pr/unanimous-supreme-court-rules-united-states-criminal-firearms-case-west-tennessee