What Is Domestic Violence
And Battery?
Florida Statute 741.28 covers Domestic Violence which can mean any type of battery, assault, sexual offense, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death. The difference between regular battery and domestic violence is that battery is between a stranger or an acquaintance. Whereas if it’s a family or household member, it is defined as domestic violence. Domestic violence can occur between a boyfriend/girlfriend, husband/wife, mother/son or it can be two people living together in a romantic or family relation.
Role Of Domestic Violence Or Battery In Divorce Cases
In every divorce case, there tends to be heightened emotions. In divorce case, lawyers do tend to see not just domestic battery and violence but they also notice uptakes in things such as stalking and violation of injunctions.
Domestic Violence Can Be A Simple Or Serious Charge
The severity of a charge of domestic violence depends on the charge. Domestic violence can be as simple as a second- degree misdemeanor assault, domestic assault to a misdemeanor battery, going all the way up to a very serious felony charge that can lead to lifetime imprisonment. The offender can also be held in jail without bond, as the domestic division in Pinellas County tends to be very strict. In cases where the Defendant is not allowed to have contact with the victim but violates the court order, the judge can hold them in contempt, or even order the Defendant in jail without bond. The State Attorney can charge the defendant with a new crime, typically violation of pretrial release or even a more serious tampering with a victim charge! This can happen even if the victim initiated contact with the defendant.
You Cannot Contact Your Spouse, Partner, Or Children After Your Arrest
Almost immediately after the arrest, even on the first appearance, the judge can prevent the suspect from contacting their spouse, partner or children. Even if this offender is released by the judge after an appearance in front of him/her, the judge will usually order “No contact with the alleged victim”, meaning in most cases, the spouse, family member or partner. In cases where the victim is their own child, the offender will not be able to have contact with them. Many times, the judge will allow one supervised visit, usually with the sheriff’s office or police, so the suspect can pick up a few personal belongings, but they will have to leave the house.
Continue reading
When you or a loved one stands trial for a crime, it is important to put up the most vigorous defense possible, even when the crime in question is only a misdemeanor. Even misdemeanors can have serious consequences, and the difference between, say, a first-degree misdemeanor and a second-degree misdemeanor can be substantial. In a recent case of theft from a Walmart, the state managed to secure a conviction of first-degree petit theft, even though it lacked hard proof that the goods allegedly stolen were worth more than $100. Because of that shortage of evidence, the Fourth District Court of Appeal threw out that first-degree petit theft conviction.
