What Is Domestic Violence?
August 01, 2024
Understanding the nuances of domestic violence charges is crucial for anyone involved in such cases, whether as a victim or an accused individual. "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.
At Donet, McMillan & Trontz, P.A., our experienced defense attorneys are dedicated to providing clear and compassionate guidance on legal matters. In this post, we will discuss the definition of Domestic Violence in the State of Florida, the legal implications of being charged with a Domestic Violence offense, and the steps you should follow if facing these types of charges.
Understanding Domestic Violence Cases
Domestic violence is a criminal category, not a crime. The type of victim determines domestic violence cases in Florida. To be designated a domestic violence case, the victim must be a "Family or household member," which means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as a family or who have resided together in the past as a family, and persons who are parents of a child in common regardless of whether they have been married. Except for persons with a child in common, the family or household members must be currently residing or have resided together in the same single dwelling unit.
Domestic violence cases can come in the form of misdemeanors or felonies depending on the facts alleged in the case. All domestic violence cases whether misdemeanors or felonies can lead to serious consequences beyond the legal system. Employment and career opportunities can be lost or limited.
Domestic Violence Crimes
Misdemeanor Charges:
- Assault: An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
- Battery: Actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.
- Stalking: Engage in a course of conduct directed at a specific person that causes substantial emotional distress to that person and serves no legitimate purpose.
- Violation of a Domestic Violence Injunction: Reusing to vacate the dwelling that the parties share; going to, or being within 500 feet of, the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member; committing an act of domestic violence against the petitioner; committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner; or telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party.
Felony Charges:
- Aggravated Assault: An "aggravated assault" is an assault with a deadly weapon without intent to kill; or with the intent to commit a felony.
- Aggravated Battery: A person commits aggravated battery when he/she intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon. A person also commits an aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
- False Imprisonment: Forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.
- Kidnapping: Forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: hold for ransom or reward or as a shield or hostage; commit or facilitate commission of any felony; inflict bodily harm upon or to terrorize the victim or another person; or interfere with the performance of any governmental or political function.
How to Handle Domestic Violence Charges
If you are facing domestic violence charges, it is essential to act promptly to protect your rights. Here are some steps to take:
- Seek Legal Advice: Contact experienced defense attorneys at Donet, McMillan & Trontz, P.A. We are available 24/7 to help you understand the charges and evaluate your options.
- Gather Evidence: Collect any evidence that may support your case, such as witness statements, medical records, and communication logs.
- Cooperate with Your Attorney: Work closely with your attorney to develop a strong defense strategy. Attend all required court hearings and follow legal advice.
- Stay Informed: Understanding the laws and potential consequences can help you make informed decisions.
Your Rights When Facing Domestic Violence Charges
At Donet, McMillan & Trontz, P.A., we ensure you are fully informed about your rights when facing domestic violence charges. You have the right to legal representation, the right to a fair hearing, and the right to challenge the charges. Our attorneys will work tirelessly to protect your interests, presenting strong defenses and negotiating on your behalf.
Trust DMT Law with Your Domestic Violence Case
Navigating domestic violence charges requires an in-depth understanding of state regulations. At Donet, McMillan & Trontz, P.A., we balance our authoritative legal expertise with genuine empathy for our clients. We know the ins and outs of the legal system and are committed to protecting your rights and securing the best possible outcome for your case.
When you work with DMT Law, you gain a trusted ally dedicated to providing the support and guidance you need. Our team is not just skilled in legal tactics but is also deeply committed to your well-being. We stand by your side, offering reassurance and confidence during this challenging time.
Contact Us for Comprehensive Legal Support
If you or a loved one is facing charges related to domestic violence, it is crucial to have a strong legal advocate by your side. Donet, McMillan & Trontz, P.A., is here to provide the expert legal support you need. Our attorneys are committed to understanding the unique aspects of your case and developing a tailored defense strategy. We are dedicated to protecting your rights and achieving the best possible outcome.
For more information and to schedule a confidential consultation, please call us at
(305) 444-0030 or visit our website. Let Donet, McMillan & Trontz, P.A., be your trusted ally in navigating the complexities of domestic violence charges. Together, we can work toward a secure and just resolution for your case.
