Florida’s Domestic Violence Definition
Unlike in other states, which create a specific cause of action for ‘domestic violence’ or ‘intimate partner violence’ (IPV), Florida law does not recognize a criminal offense as one of domestic violence immediately – rather, a crime is specified as a domestic violence offense either at charging or sentencing. This can be a bit complicated for the average person to understand, but at the same time, it is imperative that you understand the nature of the charges against you if you find yourself in this situation. The right attorney can break down the law to make certain you understand your options.
Setting Limits
Florida’s civil domestic violence definition is both extremely narrowly and broadly construed, depending on which part of the law one examines. The definition of a crime of domestic violence is quite broad, encompassing any criminal offense resulting in “physical injury or death” to a victim – it lists certain offenses such as assault, kidnapping, and false imprisonment in the statute, but it does not limit the definition to these crimes.
The second part of the definition, however, is much more narrowly interpreted. It lists the people who may claim to be victims of domestic violence (as opposed to those who can only claim to be the victims of ‘standard’ offenses). The list is relatively short: a spouse, ex-spouse, unmarried co-parent, family members (by blood or marriage), and anyone with whom the alleged perpetrator is or was “residing together as a family.” While this includes many, it leaves many out as well.
Dating Violence Is Different
One thing that stands out to many people as they read the law is that the civil definition of domestic violence does not explicitly include people in dating relationships. Statistics estimate that just under half of Floridians are married, and even if one takes into account those who are widowed or divorced, it is clearly evident that many are simply content to live legally apart. However, there are provisions elsewhere in Florida law for violence victims in that situation.
For example, civil law allows a person in a dating relationship to apply for an injunction (a restraining order) against dating violence, rather than ‘domestic’ violence. The requirements are very similar, and the potential repercussions for those who violate it are the same. In criminal law, a dating relationship can qualify someone as a victim (or potential victim) of domestic violence if it has lasted for at least 6 months, with the expectation of affection or sexual activities.
Contact A West Palm Beach Domestic Violence Attorney
Being a victim of domestic violence is one of the most awful situations one can be in, and it is crucial to know your options if you want to get out. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help demystify the process for you, and ensure that you have the best chance possible to prevail if you seek damages from your alleged abuser. Call our office today to speak to an attorney.
Source:
flsenate.gov/Laws/Statutes/2021/741.28
