DOMESTIC VIOLENCE

Florida Laws

AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN

FLORIDA DOMESTIC VIOLENCE LAWS

Domestic violence is a problem that touches all socioeconomic groups, crosses racial, gender and cultural lines, and occurs in homes of the well-educated as often as it does in homes of those without a considerable amount of education. In short, domestic violence can strike anywhere. Whether you are the victim of domestic violence or have been accused of domestic violence, it is essential that you understand the Florida domestic violence laws as well as the potential penalties and consequences for someone who is convicted of violating those laws.

THE HISTORY OF DOMESTIC VIOLENCE LAWS

To understand why most domestic violence laws are written as they are now, and why law enforcement policies tend toward an arrest now, ask questions later attitude, it is helpful to know a little about the history of domestic violence laws throughout the United States. Until the past several decades, domestic violence was one of those well-kept secrets. Society, and law enforcement, tended to turn the other cheek when domestic abuse was suspected unless it was so severe that it had to be addressed. Women were largely considered to be a mans possession, meaning that what went on behind closed doors was not questioned by authorities. Throughout the 70s and 80s, that all began to change. By the turn of the 21st century, most lawmakers and policymakers had adopted a better safe than sorry attitude with regard to domestic violence. Statutes were re-written to provide much broader definitions of domestic
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True abusers often threatened or intimated an alleged victim into recanting a statement or dropping charges.

violence, penalties for violating those statutes became considerably more serious, and law enforcement agencies adopted policies that required them to make an arrest if there was evidence that someone had been injured or abused regardless of the alleged victims wishes.

WHAT IS DOMESTIC VIOLENCE IN FLORIDA?

Florida Statute 741.28(2) defines domestic violence as follows: "Domestic violence" means 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.

CAN A VICTIM DECIDE NOT TO PRESS CHARGES?

An unfortunate consequence of the shift in attitude regarding domestic violence is that innocent individuals sometimes end up charged with a crime. In the heat of anger, a call to the police and a claim of abuse against a spouse or partner may be made without any basis in fact. The alleged victim may regret making the call when he or she realizes the perpetrator is going to jail and may not be released for days, even weeks. Alleged victims often think they have the option to not press charges after making accusations of domestic violence; however, that is not

how the law operates. Once a report has been filed, defendant must serve a the prosecuting attorney will review the report and minimum probation period of decide whether or not to file charges. Sometimes, the prosecutor will contact the alleged victim first; however, the final decision is made by the prosecutor regardless of what the alleged victim says after the initial report was made. The reason behind this policy is that in the past true abusers often threatened or intimated an alleged victim into recanting a statement or dropping charges. For this reason, prosecutors are required to pursue domestic violence charges on behalf of the State of Florida even if an alleged victim does not want the case to proceed.

WHAT ARE THE PENALTIES FOR A CRIMINAL CONVICTION FOR DOMESTIC VIOLENCE?
Domestic violence can be charged as a misdemeanor or a felony in the State of Florida. The exact charges filed against a defendant will depend on the facts of the case; however, some factors that go into determining what charges are filed include: The age of the alleged victim The extent of the injuries suffered by the alleged victim The use of a weapon The defendants criminal history In Florida, the law requires a defendant to be sentenced to a minimum of five days in jail if a person is adjudicated guilty of a crime of domestic violence and the person has intentionally caused bodily harm to another person. In addition, the Powers Sellers & Finkelstein, PLC 6344 Roosevelt Blvd. Suite B Clearwater, FL 33760 1-855-PSF-FIRM 727-531-2926 Google www.psffirm.com

one year during which time he or she must complete a Batterers Intervention Program which typically lasts from 26-52 weeks. If you have a previous conviction for domestic battery, you will be charged with a felony and face up to five years in prison. If you are charged with aggravated domestic battery, even with no previous record of domestic battery, you face up to 15 years in prison if convicted. Along with incarceration, probation, and mandatory counseling, a conviction for domestic battery in Florida carries with it additional consequences, including: Prohibition against owning, purchasing, or carrying a firearm. This means you will not be able to join the military or accept a position in law enforcement. Not eligible for expungement or sealing of record. Most misdemeanors and some felonies can be expunged in Florida, meaning they will no longer show on your criminal record when a background check is conducted; however, a conviction for domestic battery cannot be expunged. This applies to agreements to withhold adjudication as well. As a consequence, future employers and landlords will have access to the record of your conviction.

ABOUT THE AUTHORS

Amanda Powers Sellers

Florida criminal defense lawyer, Amanda Powers Sellers, has aggressively defended thousands of Florida criminal cases. With over eight years of criminal jury trial experience, she has the necessary background to represent cases ranging from Driving under the Influence (DUI) to First Degree Murder. Amanda is a seasoned litigator and an aggressive negotiator. With a wealth of experience she has proven that her gentle, but aggressive style of criminal defense litigation consistently achieves results for her clients.

Jenna C. Finkelstein

Florida criminal defense attorney, Jenna Finkelstein, has over sixty (60) criminal jury trials to her credit. Her experience defending individuals charged with crimes in the state of Florida ranges from domestic battery to DUI Manslaughter, Drug Trafficking, First Degree Murder and all crimes in between. She is passionate about the law and promises personal attention to all of her clients and their individual needs. Jenna is a seasoned trial attorney who knows the legal system and its players. Jenna and her team at the Law Offices of Powers Sellers & Finkelstein, PLC, are committed to fighting for you.

Negative impact in divorcee or custody cases. A

conviction for domestic violence may be able to be introduced in a subsequent divorce or custody case, particularly if there are minor

children involved and they allegedly witnessed the abuse.

RESOURCES
Online Sunshine, 2012 Florida Statutes, Domestic Relations WomensLaw.org, Florida Statutes

NO CONTACT AND RESTRAINING ORDERS

An alleged victim of domestic violence may request a court to issue a restraining order to prevent contact with the alleged abuser and to prevent further acts of abuse. A restraining order is a civil matter; however, violation of an order can be charged as a crime. In addition to civil restraining orders, a judge will likely include a no contact order as part of your release conditions when charged with a domestic violence crime. This order should be taken seriously by a defendant as a violation may result in a revocation of your bond and a return to jail for the duration of your case. A defendant can be charged with a violation of a no contact order even if the alleged victim initiates the contact. Along with any contact causing a revocation of your release and subsequent return to jail that contact can serve as the basis for additional charges being filed against the defendant. If you are the alleged victim of domestic violence, there is help available. The law has come a long way over the past several decades toward protecting alleged victims of domestic violence. If you have been charged with a domestic violence offense, you need to take the charges seriously and understand the impact a conviction can have on your future. Contact a Florida criminal defense attorney for additional information.