Florida Domestic Violence laws have been very strict over the years. According to Florida Statutes 741.28(2), domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in harm or death to one family member by another family member.
Florida Statutes 741.30(6)(b) discusses whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is about to become a victim of local violence.
Since domestic violence is such a common issue around the United States, it is important to discuss its key points.
In establishing whether the petitioner has “reasonable cause to believe he or she is about to become a victim of local violence”, the court must consider all relevant factors alleged, including, but not limited to:
In Florida, domestic violence is treated as a criminal act rather than a private matter. Consequently, criminal prosecution shall be the favored method of enforcing compliance with injunctions. §741.2901(2), Florida Statutes.
The Florida Department of Law Enforcement has established and maintains a Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System capable of electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions issued by the courts throughout the state.
The court may administer a breach of instruction for protection against local violence through a civil or criminal neglect proceeding, or the state attorney may prosecute it as a criminal violation under §741.31, Florida Statutes. The court may administer the respondent’s compliance with the injunction through any suitable civil and criminal means, including financial punishment in the form of a fine. §741.30(9)(a), Florida Statutes.
According to the U.S. Department of Justice, Bureau of Justice Statistics, about 25% percent of women have experienced domestic violence, with an estimated number of domestic violence incidents per year of about 960,000. Women between the ages of 20-24 are at the highest risk of domestic violence, and about one in three high school students have been or will be involved in an abusive relationship. Only the health costs of domestic violence yearly are about $5.8 billion.
Given the common occurrence of domestic violence across the U.S. and in South Florida, our criminal defense team in Fort Lauderdale recommends all our clients and readers to avoid getting involved in violent acts of any kind, especially domestic violence. If you get legally involved in such a case, you should ask for advice from a specialized and experienced criminal defense lawyer, like our criminal defense team in Fort Lauderdale.
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