Domestic violence can have a significantly lasting impact on the victim and accused abuser. Domestic violence cases can also be legally complicated. That’s why it’s important to receive legal support as soon as possible to understand your options and rights.
If You Have Been the Victim of Domestic Violence
If you need to file an injunction for protection, contact Fusco Law Group before filing the petition.
It is important to allege the proper facts in your petition. Domestic violence judges see many cases daily and you’ll want to address the main points in your pleadings.
When requesting an injunction, the relief you obtain could be exclusive use and possession of a property, prohibition of contact from the aggressor, or temporary child/spousal support.
If You Are Facing Domestic Violence Allegations
If a court makes a finding that you have committed domestic violence, it will significantly impact your rights in ways you might not believe.
For example, a domestic violence injunction against you could affect your eligibility for future employment at your dream job or require you turn over any weapons to local law enforcement.
Whether you are filing an injunction for protection or one has been filed against you, it is important to schedule a free consultation with us today.
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Your Guide to a Florida Divorce
Definition of Domestic Violence
2018 Florida Statutes Title XLIII Chapter 741 defines domestic violence as:
- Assault and Aggravated assault
- Battery and Aggravated Battery
- Sexual Assault and Sexual Battery
- Stalking and Aggravated Stalking
- False Imprisonment
Additionally, the definition includes any criminal offense resulting in physical injury or death of a family or household member by another family or household member. Family or household members are defined as:
- Former Spouses
- Persons related by blood or marriage
- Persons presently residing together
Domestic Violence Penalties and Sentences in Florida
In Florida, when police are called to a domestic violence incident, they must treat it as a criminal offense. Chances are high that one of the domestic partners will be arrested and jailed.
As a criminal case, the State Attorney’s Office will make the determination to proceed with the domestic violence case—not the victim.
A domestic violence conviction carries a mandatory minimum one-year probation. It also requires the convicted domestic violence offender to complete a Batterers Intervention Program.
If the violence results in assault and battery charges, it can lead to a:
Misdemeanor sentence: Ranging from 60 days to one year
Felony conviction: May result in a five-year prison sentence