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What is Domestic Violence According to Florida Law?

Law enforcement considers domestic violence a dangerous crime, and facing domestic violence charges can rise to the level of a felony depending on the circumstances. However, in many cases, a Jacksonville domestic abuse attorney can argue for reduced charges and protect your rights.

Under Florida statute 741.28, domestic violence includes any of the following actions:

  • Assault
  • Aggravated assault
  • Battery
  • Aggravated battery
  • Sexual assault
  • Sexual battery
  • Stalking
  • Aggravated stalking
  • Kidnapping
  • False imprisonment
  • Criminal offense resulting in physical injury or death
  • Spouses
  • Former spouses
  • Persons related by blood or marriage
  • Persons residing together as a family
  • Persons who resided together as a family

In Florida, assault and battery are separate charges. An assault is the threat to harm accompanied by the ability to do so. Aggravated assault is the same, but also involves the use of a deadly weapon or intent to commit a felony. By comparison, battery is intentional touching or striking the other person or intentionally causing another person bodily harm. As the name implies, aggravated battery is intentionally or knowingly causing great bodily harm, permanent disfigurement or disability. It can also simply involve battery with use of a deadly weapon. In terms of domestic violence in Jacksonville, Florida, “domestic” means violence between family or household members, who reside or resided together in the same household single dwelling, including:

  • Spouses
  • Former spouses
  • Persons related by blood or marriage
  • Persons residing together as a family
  • Persons who resided together as a family

Persons who are parents of a child in common (married or not) are also considered family or household members, even when they do not or did not reside together.

Robert Shafer & Associates offers clients a vigorous defense, working for case dismissals or acquittals whenever possible.

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