How Is Florida’s Domestic Violence Definition Different?

Historically, domestic violence has been seen as solely the province of spouses, and as a matter solved – or dealt with – behind closed doors. Over time, however, society has evolved to see domestic violence (also called intimate partner violence or IPV) as a societal issue that everyone should have a stake in solving. Florida’s domestic violence definition is a prime example of how thinking has changed on the issue of IPV, as it extends protection to more people who may suffer in silence.

Expanded Definition Protects More People

Florida’s domestic violence statute establishes several facts immediately, using wording that is largely unambiguous. First, it states that in Florida, there is no single cause of action for ‘domestic violence;’ rather, it lists several offenses that fall under the umbrella of domestic violence – for example, kidnapping, false imprisonment, assault, battery, and stalking.

Any “criminal offense resulting in physical injury or death” to the victim will qualify, as long as the victim is a member of one or more categories that are also specified in the statute. Examples include a spouse, former spouse, unmarried co-parent, or a person related by blood or marriage, among others. It is important to note that this does not include casual dating relationships, though there are other laws designed to cover that type of violence.

Intended To Make Society Safer

What this definition conveys, in general, is intent on the part of the Florida legislature to treat domestic violence as a very public issue. Since there is no single cause of action for ‘domestic violence,’ the way a domestic violence crime is differentiated from a “standard” crime is at sentencing. While most courts will consider factors like past criminal convictions, the presence of domestic violence-related factors will usually raise a crime’s level by one – for example, from a first-degree misdemeanor to a third-degree felony.

In addition to the potential for prison time, domestic violence convictions also carry other consequences – for example, requiring a convicted abuser to attend a batterers’ intervention program, or losing the right to own firearms and ammunition. These consequences are imposed to reinforce the gravity of a domestic violence crime, though the recidivism rate among domestic violence perpetrators remains an issue.

Contact A West Palm Beach Domestic Violence Attorney

Domestic violence causes untold suffering, and only a fraction of it ever finds its way into a courtroom. If you believe that you have been the victim of domestic violence, a West Palm Beach criminal defense attorney from the firm of Perlet & Shiner, P.A. can help protect your rights. 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