Is Economic Abuse Domestic Abuse?
Florida’s definition of domestic violence specifically alludes to “physical injury or death” being done to a victim – but at the same time, most authorities generally agree that there is such a thing as economic or financial abuse, and that it qualifies as a form of domestic violence. If you have been the victim of financial abuse or control perpetrated by a family or household member, please know that you have been a victim of domestic violence.
Does Not Always Start With A Threat
Florida law explains financial abuse as a pattern of coercive control and behaviors that affect a victim’s ability to manage or even access their own money (or the family’s money). It can sometimes be the only type of abusive behavior that a person experiences, but it often comes in tandem with physical, emotional, and/or sexual abuse as well. It is, unfortunately, overwhelmingly common, regardless of the gender of the abuser.
That said, financial abuse or control does not always start with an ugly demand. It can be subtle, even insidious; sometimes an abusive partner will simply ‘step up’ and handle financial transactions without their partner’s input, characterizing it as doing their partner a favor. That ‘favor’ can then simply spin into always handling the money without ever relinquishing control. Other times, the behavior may be more overtly controlling – for example, not allowing a spouse to work, or hiding assets from them. It is imperative for the victimized spouse to get their autonomy back.
Preserve Records
The aim of financially abusing someone is to isolate them, to make them feel as though they have no other person to turn to besides their abuser. If a victim of domestic abuse has no access to ready money because of an abusive partner, they cannot acquire most of the resources they might need to leave the relationship – up to and including a good attorney. Yet this control is not necessarily viewed as a criminal offense unless presented in a domestic violence context.
Whether you are accused of financial abuse or you have been a victim of it, the most important thing to do is present concrete evidence of spending when it comes to marital property (assets and debts). Florida is an equitable distribution state when it comes to marital property – as opposed to community property states, where spouses share all assets and debts 50-50 – and because of this, marital spending should be roughly equal, though not exact. If it is not, your attorney can take that evidence and proceed from there.
Contact A West Palm Beach Domestic Abuse Attorney
Not all types of domestic abuse are easy to spot, particularly those that do not leave marks on human beings, but financial abuse can very much be a domestic violence issue. If you suspect that you have been a victim, call a West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. – we are ready and willing to try and assist you with your case. Contact our office today at (561) 721-0552 to speak to an attorney.
