Abusive Behavior and Violence is a Deliberate Choice
A dispute or a continued pattern of harmful behavior within a relationship can lead to domestic violence. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.
Aid to Victims Of Domestic Abuse, Inc (AVDA) reports the following staggering figures on domestic violence abuse:
¨ One in three women nationally will report domestic violence in her lifetime.
¨ On average, more than three women and one man are murdered by their intimate partners in this country every day.
¨ One in five teens reports having been hit, slapped, or pushed by a partner.
While there may be a distinction between the terms domestic violence and domestic abuse, legal penalties carry the same charges. Domestic abuse, also known as spousal abuse, occurs when one person in an intimate relationship or marriage tries to dominate and control the other person. Domestic abuse that includes physical violence is called domestic violence.
Domestic violence and abuse are used for one purpose: to gain and maintain total control over you.
Domestic abuse often escalates from threats and verbal abuse to violence. And while physical injury may be the most obvious danger, the emotional and psychological consequences of domestic abuse are severe.
When the abused partner decides to take action leading to charges, the abuser’s volatile and damaging behavior may intensify. Jail or prison time, loss of child custody, and orders of protection or restraining orders may result from these charges.
Domestic violence law enforcement efforts are designed to protect people from being victimized by their family and household members. Police officers are generally required to respond to every report, follow the required procedure each time, and file a report outlining how the incident was handled.
Types of Restraining Orders
Temporary Restraining Order (TRO) is a court order that is put in place until considers and reviews all evidence in the case. In most cases, a TRO lasts for only a few days, until a hearing can be held to determine whether a preliminary injunction will be issued until the full trial is held. The main requirement for TRO is to prove that the party requesting the TRO will be immediately harmed in some way (physically, emotionally, financially) if the other party is not restrained.
A injunction (protective order) is a legal order issued by a state court which requires one person to stop harming another. An injunction for protection against domestic violence is a court document that orders the abuser to stop doing certain acts (such as abusing you, contacting you or coming near you) and makes the abuser do other acts (such as leaving your home, and paying you temporary child support)
In Florida, you could qualify for an injunction for protection against domestic violence or an injunction against repeat, dating, or sexual violence.
Domestic Violence Laws in Florida
The definition of domestic violence in Florida is defined by Fla. Stat. § 741.28 as any assault, battery, aggravated assault or battery, or other criminal offense committed by a household or family member that results in the injury or death to another household or family member. The laws governing domestic violence in Florida are meant to protect potential or alleged victims from harm. However, many law enforcement officers, judges, and other officials prefer to err on the side of safety and protect the victim, even when the domestic violence arrest was the result of a misunderstanding, mistake, or false accusation.
Fla. Stat. §§ 784.011 & 784.03 – In Florida, domestic assault and domestic battery are not separate offenses from standard assault and battery. Rather, an instance of domestic assault or battery is simply when an assault or battery is committed by a family member, which includes spouses, blood relations, marriage relations, roommates, household members, parents of a child, or any person who used to fill one of these rolls.
Domestic Battery by Strangulation: Fla. Stat. § 78.041 – When a person knowingly and intentionally interferes with the normal breathing or circulation of a family member or someone he or she is dating against his or her will and causes great risk of bodily harm, it is considered to be a crime of domestic battery by strangulation. This includes when pressure is put on the victim’s neck or when the victim’s nose or mouth is blocked.
Child Abuse/Neglect: Fla. Stat. § 827.03 – Under Florida law, child neglect is when a caregiver – who could be a relative, babysitter, or other person trusted with the child’s care – fails to provide the child he or she is responsible for with the proper care, supervision, and services necessary to maintain the child’s mental and physical health. It is also child neglect to fail to make a reasonable effort to protect the child from abuse, neglect, or exploitation by another person, and can be one act or a series of acts. It is considered an act of child abuse for a person to commit any of the following:
¨ Intentionally cause mental or physical injury to the child
¨ Intentionally perform an act that could result in mental or physical injury to the child
¨ Actively encourage another person to directly cause mental or physical injury to the child or to perform an act that would put the child at risk for mental or physical injury.
Domestic Violence Defense Attorney
A conviction for a Florida domestic violence offense comes with serious legal and social ramifications. If you have been arrested for domestic violence in South Florida, it is important to ensure your rights and future are protected in a solid defense strategy. An experienced Palm Beach County domestic violence defense lawyer can fight for a favorable outcome in your domestic violence case.
When you or a loved one is arrested for domestic battery or simple battery, you must hire an aggressive attorney who has trial experience and negotiating experience in getting domestic and simple battery cases dismissed. Getting these crimes dismissed can happen in a variety of ways. Having the victim retract their story and the events that occur during the altercation is a step in the right direction. Having the victim sign a None Prosecution Letter is another step along the path of dismissal. If you want to walk away from a domestic or simple battery case with no criminal record, then hire the experience of West Palm Beach Criminal Lawyer, Andrew D. Stine.
Contact Andrew D. Stine, P.A. for a free first consultation .