Domestic violence is an umbrella term that covers a number of offenses committed between family members, living partners, former lovers, and others. Charges for domestic violence often take the form of assault, aggravated assault, battery, stalking, among other offences. The relationship of the defendant to the victim makes the charge domestic violence, and can result in a stiffer sentence and mandatory counseling. Not to mention that a conviction of these charges can ruin your reputation.
Scott F. Kotler, P.A. is a criminal defense practice that represents people accused of crimes in Miami, Coral Gables, Fort Lauderdale and nearby communities. I know that there are two sides to every story and every person deserves a chance to tell theirs. Speak with me today about the accusations against you.
Domestic violence applies to many different types of behavior and relationship
The criminal justice system in Florida defines a wide variety of violent crimes as domestic violence.
Those inumerated in Florida laws include:
- Any Threat or attempt to do bodily harm
- Sexual assault
- Stalking, defined as a repealed pattern of malicious harassment or following a person
- Any intentional, unlawful striking
- Sexual battery
- False imprisonment
- Any act resulting in the injury or death of a family or household member
The label of domestic violence applies to family or household members.
Florida law defines family or household members as:
- Former Spouses
- Those related by blood or marriage
- Those residing in the same single-unit dwelling (including same-sex partners)
- Those who have a child in common
If you are concerned about an incident that occurred between you and anyone in the relationships listed above, you should be aware that your behavior could be considered domestic abuse in Florida.
What is an Injuction for Protection in Florida?
Someone arrested for domestic violence can be held without bond for up to 24 hours. During this time, an advisory hearing takes place to assess the situation. Someone who alleges they were a victim of domestic violence has a right in Florida to file an Injunction for Protection, similar to what other states call a restraining order.
A court then issues such an order in four situations:
- When domestic violence is alleged
- When there is repeat violence if the parties are not household of family members
- When dating violence is alleged to have occurred
- When sexual violence is alleged
The injunction requires that someone against whom the order is filed perform several immediate activities:
- Stop the alleged abusive behavior
- Leave the dwelling if it is shared with the victim
- Avoid contact with the victim at home, work or school
- Attend counseling
- Possibly provide for child or spousal support
- Possibly arrange for temporary Joint child custody
It is important that someone who receives such an injunction immediately cease all contact with the person who filed it, and then speak with a domestic violence lawyer about the situation.
Contact me today for a free initial consultation about a charge of domestic violence
Domestic violence accusations come with unique penalties. Violating an Injunction for Protection can have serious consequences for your case. Scott F. Kotler, P.A. defends those accused of any kind of domestic violence in Miami-Dade and Broward Counties. If you face such charges, contact my office at 305-804-2436 or online to schedule a free initial consultation.
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