Domestic violence charges in Florida carry serious consequences. Understanding how the state handles these offenses can help individuals make informed decisions about their legal options.
Definition of domestic violence in Florida
Florida law defines domestic violence as any criminal act of violence or threats of violence against a person in a specific relationship, such as a spouse, family member, cohabitant, or someone with whom the accused shares a child. Common acts of domestic violence include physical assault, battery, stalking, or threats of harm. Florida also considers emotional abuse or threats to be part of domestic violence.
Penalties for domestic violence charges
Domestic violence charges can lead to severe penalties. A conviction may result in jail time, fines, mandatory counseling, and a permanent criminal record. The severity of the penalty depends on the nature of the offense and whether the defendant has any prior convictions. In many cases, Florida law also requires a no-contact order, which prevents the accused from communicating with the individual.
Florida’s mandatory arrest law
Florida law mandates an arrest if there is probable cause to believe that domestic violence occurred. Law enforcement officers are required to make an arrest if they find evidence of injury or threats of harm, even if the individual does not wish to press charges. This is known as a “mandatory arrest” law and aims to protect individuals by removing potential abusers from the situation immediately.
Protective orders and injunctions
In cases of domestic violence, the individual may seek an injunction for protection, also called a restraining order. This order can prevent the accused from contacting or approaching the individual. Violating a protective order can result in further legal action, including additional criminal charges.
Those facing such accusations should seek immediate legal counsel to understand their rights and options.