Florida Domestic Violence Laws

Florida domestic violence laws aim to provide comprehensive protection to victims by covering physical, emotional, and sexual abuse, and ensuring strict penalties for offenders.

Domestic violence is a serious issue in Florida, affecting individuals and families across the state. To protect victims and ensure justice, Florida has established comprehensive laws designed to address domestic violence in its various forms. Whether you’re seeking protection, legal representation, or simply want to understand your rights, this guide will break down Florida’s domestic violence laws.

What Constitutes Domestic Violence in Florida?

Under Florida Statute 741.28, domestic violence includes any assault, battery, stalking, kidnapping, false imprisonment, or criminal offense resulting in physical injury or death of one family or household member by another. The law defines “family or household members” to include:

• Spouses or former spouses
• Individuals related by blood or marriage
• Individuals currently or previously residing together as a family
• Parents of a child in common, regardless of marital status

It’s important to note that the relationship must be current or involve a history of cohabitation, except for individuals sharing a child.

Legal Penalties for Domestic Violence in Florida

Domestic violence is taken very seriously in Florida courts, and penalties can vary depending on the circumstances:

1. Misdemeanor Offenses: Simple battery or assault can lead to jail time of up to one year and fines up to $1,000.
2. Felony Offenses: Aggravated assault, battery, or offenses involving serious injury may result in several years of imprisonment.
3. Mandatory Minimum Sentences: Convictions often include mandatory jail time, probation, or participation in a batterer’s intervention program.

Florida law also enforces a mandatory five-day jail sentence for anyone convicted of domestic violence when injuries are involved.

Restraining Orders in Florida

Victims of domestic violence can petition the court for an Injunction for Protection Against Domestic Violence, commonly known as a restraining order. This order:

• Prohibits the accused from contacting or approaching the victim
• May require the accused to vacate a shared residence
• Can include provisions for child custody and financial support

Florida’s No-Drop Policy

In Florida, domestic violence cases are subject to a no-drop policy, meaning that prosecutors can proceed with charges even if the victim chooses not to pursue them. This policy is designed to protect victims who may feel pressured to recant their statements or drop charges.

Rights and Protections for Victims

Florida offers several resources for domestic violence victims, including:

• Shelters and hotlines: Safe spaces and support through organizations like the Florida Coalition Against Domestic Violence (FCADV).
• Victim advocacy services: Guidance through the legal process, emotional support, and assistance with safety planning.
• Compensation programs: Financial assistance for medical expenses, lost wages, or relocation costs through the Florida Crimes Compensation Trust Fund.

How to Seek Help

If you or someone you know is a victim of domestic violence, help is available.

1. Call 911 if you are in immediate danger.
2. Contact the Florida Domestic Violence Hotline at 1-800-500-1119 for confidential support.
3. File a petition for an injunction at your local courthouse.

Florida’s domestic violence laws aim to protect victims and hold perpetrators accountable. Understanding your rights and available resources is the first step to seeking safety and justice. If you are affected by domestic violence, reach out to legal and support services to navigate this challenging time.