In most states, domestic violence issues fall under the umbrellas of both criminal law or family law. However, in the state of Florida, the legal system offers clients both criminal and civil recourse, not necessarily charging every incident in a criminal courtroom.
Florida defines domestic violence as specific types of violence or violent acts committed against a member of the family or someone in your household.
An individual can commit acts of domestic violence against:
- A spouse, ex-spouse, or co-parent.
- A relative by either blood or marriage.
- Individuals who live in the same house or previously lived in the same house.
- Individuals involved in a “dating relationship”.
No matter if you are the victim or in need of a defense against allegations of domestic violence, with over 20 years of legal experience, Mr. Steven Veinger Esq. can provide you with legal counsel you need. Domestic violence allegations can be difficult to navigate for either party, but with the help of a top-flight attorney like Mr. Veinger, you can be sure you will obtain the best possible outcome for you, no matter what the circumstances might be. Learn more about domestic violence laws in the state of Florida below.
What is considered Domestic Violence?
In Florida, a number of different crimes can be constituted as domestic violence – some of these crimes include:
- Assault or Aggravated Assault
- Batter or Aggravated Battery
- Sexual Assault
- Sexual Battery
- Stalking or Aggravated Stalking
In addition to the above criteria, domestic violence in the state of Florida can also be committed between two individuals taking part in a current or former “dating relationship”. This is defined as two people who, at one time, participated in a romantic, intimate, or sexual relationship. A prosecutor must be able to prove that the defending party proves either an impending danger to the other party, within said dating relationship or has committed bodily harm or injury to them.
Domestic Violence Charges & Penalties
In a domestic violence case, a defendant may be given an injunction or restraining order – forcing them to avoid any physical or verbal contact with the alleged victim and will usually assign a safe distance which they must keep. If they violate this, it can be determined to be a 1st degree misdemeanor charge.
When it comes to jail time, in the state of Florida, a domestic violence offender must serve a minimum of at least 5 days within a county jail, and in some cases, can be sentenced to a longer sentence within a state prison. In addition, courts can also add on periods of probation and community service to the sentence.
Depending on the circumstances in which the domestic violence was committed the defendant can also be charged with the actual crime in itself, as well – for instance, a domestic violence defendant can also be charged with an assault or a battery, if this is what took place to warrant the domestic violence charge.
If the charge is a:
- Misdemeanor it can result in a sentence of 60 days to 1 year of incarceration.
- 1st degree misdemeanor it can result in a sentence of up to 1 year of incarceration.
- 3rd degree felony it can result in a sentence of up to 5 years of incarceration.
- 2nd degree felony it can result in a sentence of up to 15 years of incarceration.
Get the Legal Help for Your Domestic Violence Case Today!
When emotions heighten and tempers flare, especially amongst a spouse or loved one, you can make poor, and uncalculated decisions that can cost you years of your life. In the event you find yourself embroiled in a domestic violence charge, you need an experienced domestic violence attorney with the knowledge and the experience to help you achieve the best outcome. A seasoned attorney like Mr. Steven Veinger, Esq. will work day and night to help you overcome your charges and earn you your freedom back. When family is involved things are much more difficult, Mr. Veinger has the experience to navigate event the most complex legal situations and make sure you come out on top today!
For more information on your domestic violence charges or to schedule a free legal consultation call the Law Offices of Steven Veinger, Esq. today at (305) 682-0401.