Home
| Lifestyle
| Culture & Society
| Domestic Violence
| Domestic Violence Laws in Florida
Domestic Violence Laws in Florida
by Terri Ellefsen
-
Florida provides victims of domestic violence and their children a safe haven 24 hours a day across the state. The southern state provides more than 40 domestic violence centers, which offer emergency shelters and counseling services to domestic violence victims. Some of the centers also provide legal assistance and life skills training. Florida funded a study in 1994 to determine how to intervene and prevent domestic violence, which resulted in domestic violence programs and laws addressing the issue.
704bc542-f68f-f8c9-e035-a483c61e0760300400
-
Domestic Violence Definition
The 2009 Florida legal definition of domestic violence is "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping or false imprisonment." Domestic violence would also include any crime causing the injury or death of a family or household member by another member of the household.
-
Police Duties
Police investigating an allegation of domestic violence are required to obtain medical assistance for the victim and inform the victim that emergency shelters are available. The police officer must also inform the victim that she has the right to go to court and obtain an injunction for protection. If no arrest is made, the police officer must file a report indicating the reason.
-
Judge's Role
Florida law concerning a judge's role in domestic violence matters specifies that the safety of the victim should be a primary concern in any judicial decisions. The law urges judges to exhibit caution in releasing a defendant who may harm the victim or the victim's children. The judge may consider issuing a protective order if releasing the defendant.
-
Protective Order Violation
Additional criminal charges can be filed if an order protecting the victim has been violated. Violations can include failure to vacate a home shared by the defendant and the victim, telephoning or contacting the victim, coming within 500 feet of the victim's home or 100 feet of the victim's vehicle, and defacing or damaging the victim's property.
-
Minimum Sentence
A person convicted of domestic violence or who pleads no contest to the crime will be ordered to serve a minimum of 1 year of probation. The defendant will also be required to attend a batterers' intervention program. The judge has discretion to eliminate the intervention if sufficient reason is presented as to why that program would be inappropriate. The sentence can include at least 5 days of jail time if the defendant intentionally injured the victim.
