Orlando Domestic Violence Attorney
Domestic Violence is defined by Florida Statute 741.28 as any:
- Aggravated assault
- Aggravated battery
- Sexual assault
- Sexual battery
- Aggravated stalking
- False imprisonment
- Any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
What qualifies as a “Family or household member” under Florida Statute 741.28?
This means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
The battery will likely be prosecuted by a special domestic violence unit.
Under Florida Statute 741.281, anyone convicted of domestic violence in Florida must complete the Batterer’s Intervention Program. They will also complete one year of probation, and any other penalties ordered by the judge.
If someone is convicted of domestic violence involving intentional bodily harm to another person, the court will order the person to:
- Serve a minimum of 10 days in the county jail for a first offense
- 15 days for a second offense
- 20 days for a third or subsequent offense, unless the court sentences the person to a non-suspended period of jail time in a state correctional facility, according to Florida Statute 741.283
Batterer’s Intervention Program
In Florida, the Batterer’s Intervention Program is a six-month program. It addresses the root causes of domestic violence and works to prevent the participants from committing acts of violence again. The court will provide a list of programs the respondent can participate in.
Injunction for Protection
If you believe you are a victim of domestic violence or could become one, you can ask the court for an order of protection. If the judge believes there is an immediate and present danger of domestic abuse, the judge can order a temporary injunction against the abuser until a final hearing is held.
Penalties for Violating an Injunction
According to Florida Statute 741.31, it is a first-degree misdemeanor to violate a domestic violence injunction, punishable by up to one year in jail. Violations include:
- Refusing to vacate the dwelling that the parties share;
- Going to or being near the petitioner’s home, school, work, or a place they often visit;
- Prohibited contact with any named family or household member;
- Committing an act of domestic violence against the petitioner;
- Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
- Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly unless the injunction specifically allows indirect contact through a third party;
- Knowingly and purposely coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
- Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
- Refusing to surrender firearms or ammunition if ordered to do so by the court.
If you or someone you know is charged with domestic violence, contact experienced Central Florida criminal defense Attorney Brandon Gans today for a free consultation.