What is Domestic Violence?
Florida Statute 741.28(2) defines domestic violence as, "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."
Domestic violence is also referred to as relationship abuse or intimate partner violence and is violent or aggressive behavior within the home, typically involving the extreme abuse of a spouse or partner. It can affect or be perpetrated by anyone regardless of gender, age, race, religion, education level, or economic status.
Any threat or act of physical harm, controlling what a partner does, forcing them to behave in ways they are not comfortable with, threats, intimidation, sexual or physical violence, emotional abuse, emotional or economic deprivation are fall under the umbrella of domestic violence within a dating relationship.
A dating relationship is two people who have been part of a romantic, intimate or sexual relationship. For persons in a current or former dating relationship, Florida will issue an injunction provided an individual can prove immediate danger or injury within the dating relationship.
Under Florida law, domestic violence includes assault, aggravated assault, battery and aggravated assault, sexual assault, sexual battery, stalking, aggravated stalking and kidnapping. Depending on the type of violence, a domestic violence charge can result in the prosecution of the offense as a felony which would give the offender a more severe punishment. When the perpetrator violates the injunction, they face prosecution by the state.
The first step is to reach out to law enforcement, and if there are signs of bruising, injuries or a struggle, the perpetrator will likely be put in jail and held on a no-bond status until their first court appearance with a judge within 24 hours. Perpetrators will then have the opportunity to post the bond under the conditions they will not return to the scene of the offense, will have a no-contact order and agree to have their movements monitored.
Be polite to the police, but remember you are not legally required to tell the police anything about the situation. Do not make any written statements or discuss anything regarding the domestic situation on the jail phone. You will not be released from jail until you see a judge. Once discharged, contact Ronald Chapman for legal advice. He may be able to modify any conditions of release set by the judge and will advocate for you when speaking with the prosecutor regarding filing charges.
Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help.
Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.
Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
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