Domestic violence is defined by Florida statute as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
Domestic Violence in Florida
According to Florida law, domestic violence is based on two elements:
- An act, or a threat
- Committed against a person with a family-like relationship. Examples of a family-like relationship are spouses or former spouses, blood relatives, people who are living, or have lived, together (including roommates), or people who have a child together (whether they are married is irrelevant).
Victims of domestic violence may obtain a restraining order, which is a legal document that requires the offending party to stay a particular distance away from the victim. In order to obtain a restraining order, the victim must file a petition that states that violence has occurred, or that it is likely to occur. A court may issue a temporary restraining order, which lasts 15 days, and then grant the parties a hearing date to present their case to the judge. At the hearing, the parties are both given the opportunity to show their side of the story, and the judge may then grant a permanent restraining order (which may last forever or have an expiration date) at that time.
Domestic violence is serious. Both men and women may be victims, whether they have suffered it or whether they have been falsely accused. Proving your case in court, whether you are the victim or the alleged offender, may be difficult, depending on your particular circumstances. At Strategic Family Attorney, P.A., we are not only qualified, but determined to assist you with your domestic violence case. Contact us for a free consultation.