What is Domestic Violence?
Under Florida Statute 741.28 Domestic Violence is 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.
Family or household members include husbands or wives, ex-wives and ex-husbands, people related by blood or marriage, people living together as a family, people who have resided together as if a family in the past, and people who have a child in common.
Domestic Violence Battery in Florida
Many people talk about Domestic Violence as if it is the same as Domestic Violence Battery, but it is not. Domestic Violence Battery is the unlawful touching or striking of an individual who is a family member or household member.
Domestic Violence Battery falls under the Domestic Violence statute, but the definition of Domestic Violence includes much more than Domestic Violence Battery.
Domestic Violence Battery is punishable by up to one year in jail or twelve months of probation, with five days of jail time required if there is an injury, a $1,000 fine, completion of a Batterer’s Intervention Program, ineligibility for ever getting the record sealed or expunged, no right to have a gun while on probation, and revocation of any concealed weapons permit.
Defenses for Domestic Violence Battery
Possible defenses in Domestic Violence Battery cases may include:
- Self-Defense, including Stand Your Ground
- Factual Disputes
- Pending Divorce
Contact an Experienced Orlando Domestic Violence Defense Attorney
At Frost Law, we have experience handling Domestic Violence cases and Family Law cases. We know that a Domestic Violence charge can have severe consequence on your Family Law case and highly recommend that you seek out a licensed therapist after any allegations of Domestic Violence. We will also try to speak with the accuser about your case.
Please call us at 407-670-5669 today or contact us on our website for information and help with your Domestic Violence case.