Domestic violence is a pattern of behavior that particular individuals use to establish dominance and control over the relationship. It is committed against their current or former intimate partners, families, relatives, or anyone who has lived with them in the same dwelling as a family unit.
It includes a wide array of forms – from sexual, physical, emotional, to economic assault and abuse. In these cases, the perpetrators use these forms to maintain power through intimidation and violence.
In Florida, domestic violence is treated quite a bit differently. Instead of treating this issue as a private matter, the Florida Statute 741.2901 rules that it is a criminal act instead of a private one. The goal of this legislation is to establish greater protection against domestic violence. It also guarantees accountability from people who have perpetrated such acts.
Top Questions about Domestic Violence Cases in Florida
If you have been a victim of domestic violence, or have been accused of being the perpetrator of domestic violence, you must have a lot of questions in mind. To help you have an idea of what you can do once these things happen, we have consolidated some of the common questions and answers about the domestic violence cases in Florida.
- What are injunctions and how does it affect me?
If you’re a victim of domestic violence, injunctions or restraining orders protect you from further violence by limiting the amount of legally-allowable contact between you and the perpetrator. You can also be awarded a temporary custody over your home. It also addresses the matter of time sharing and support with your children, among other issues.
If you have been accused of domestic violence, an injunction is basically a directive from the court that bars you from seeking any kind of contact with the petitioner. The court can order you to take part in a batterer’s intervention course. It can require you to surrender your weapons to your local law enforcement unit.
What are the usual punishments given for domestic battery?
Usually, a first-degree misdemeanor charge for domestic battery is punishable by up to a year in jail. There are cases, however, when offenders can only be imposed with a year-long probationary sentence. This probationary sentence has special terms that must be completed, like a Batterer’s Intervention Program, restitution, fines, and court costs, among others. Under state and federal law, defendants are also barred from possessing a firearm after being convicted or while being subject to an injunction.
- Should I represent myself?
You might think it is easier to represent yourself and simply plead guilty to get it over with. However, doing this will not be in your best interest. Entering a plea deal will put domestic violence battery on your criminal record. It can also bring about serious consequences, such as a lifetime ban on firearms, a lifetime record of battery, and a continued parade of injunctions and probation limits.
Hence, it is always preferable to have a lawyer with you in order to ensure that you are given the best chance at getting a fair judgment. Seek Out an Experienced Attorney for Your Domestic Violence Case
Have you been accused of domestic violence, or are you a victim of domestic violence? We are very experienced in handling domestic violence cases in Miami-Dade area, so if you have been charged with domestic violence, give us a call today. P: 305-204-5000.
Do not hesitate to seek advice when it comes to issues such as domestic violence. Call Miami’s top Criminal defense attorney, Chad Piotrowski P: 305-204-5000.