Our Fort Lauderdale Domestic Violence Attorney Explains What Qualifies as Domestic Abuse Under Florida Law
Fear, confusion, and feelings of isolation are common among victims of domestic violence in Broward County. If you've been accused of domestic violence, you may be wondering how Florida defines this crime and what your options are. At the Law Offices of Dave L. Simmons, P.A., we understand the anxiety and fears you're facing. We'll provide an overview of what constitutes domestic violence in Florida so you can understand your situation and how a Fort Lauderdale criminal defense attorney can help you protect your rights.
Florida's Legal Definition of Domestic Violence
Section 741.28 of the Florida Statutes outlines what qualifies as domestic violence statewide, including in Broward County. This law recognizes that domestic abuse can take many forms beyond physical violence.
Under the law, domestic violence includes:
- Assault. Threatening to cause harm to another person, causing them to fear for their safety. This includes aggravated assault with a deadly weapon.
- Battery. Actually striking or causing bodily harm to another person. Aggravated battery, which causes serious injuries, and sexual battery are also covered.
- Stalking. Repeated harassment that causes substantial emotional distress. Aggravated stalking involves credible threats of violence.
- False Imprisonment. Forcibly restraining someone against their will. This includes acts like locking someone in a room or blocking exits.
- Kidnapping. Abducting and holding someone against their will, often with the intent to inflict harm or demand ransom.
- Any Criminal Offense Resulting in Injury or Death. This broad category encompasses any crime committed by one family or household member that physically harms another.
Understanding Who Is Protected by Domestic Violence Laws
Florida's domestic violence laws don't just apply to married couples. The law protects a wide range of family and household members, including:
- Current and Former Spouses. Abuse between married partners or ex-spouses is considered domestic violence.
- Relatives. Violence between family members related by blood or marriage falls under the domestic violence statute.
- Cohabitants. People who currently live together as a family unit or who have done so in the past are protected, even if they're not related.
- Co-Parents. If you share a child in common with your abuser, you're protected regardless of marital status or living situation.
It's important to note that domestic violence laws apply equally to opposite-sex and same-sex couples. If you're experiencing abuse in an LGBTQIA+ relationship, you have the same rights and protections as any other victim.
Legal Defense for Those Accused of Domestic Violence in Broward County
If you've been accused of domestic violence, it's essential to understand the severity of the charges and the potential consequences of a conviction. You may face jail time, fines, probation, and the loss of certain rights, such as the right to possess firearms. A domestic violence conviction can also impact child custody and visitation arrangements.
At the Law Offices of Dave L. Simmons, P.A., we believe that everyone deserves a strong legal defense. If you've been wrongly accused or there are extenuating circumstances in your case, our skilled Fort Lauderdale domestic violence defense attorney can help protect your rights and fight for a fair outcome.
We thoroughly investigate every case to uncover evidence that supports your side of the story. We may be able to show that the accusations against you are false, that you acted in self-defense, or that the incident was an accident.