Who Is Considered a “Household Member?”

By law, “household members” include any of the following people:

• Spouses
• Ex-spouses
• Boyfriends/girlfriends
• Ex-boyfriends/ex-girlfriends
• Same-sex partners
• Children
• Step-children
• Parents
• Siblings
• Blood relatives
• In-laws
• Parents of a shared child
• Roommates
• Anyone who has shared or currently shares a residence

Types of Domestic Violence

In certain instances, an individual can be accused of domestic violence or battery after shoving a roommate in an argument or threatening a spouse during a heated moment. In other instances, an ex-spouse may accuse the other parent of their child of child endangerment as a form of exerting control or limiting parental rights during a contentious divorce.

There are four forms of abuse that could be considered domestic violence:

• Physical abuse: Taking physical control and conducting violent behavior is the most prevalent form of domestic violence. This includes hitting, slapping, punching, kicking, choking, or any violent behavior toward another person in a physical manner. However, there must typically be proof of injury, which often results in a trip to the hospital or documented medical treatment.
• Sexual abuse: Sexual abuse goes beyond the scope of rape and sexual assault. It can encompass harassment that includes unwelcome touches and coerced sexual conduct. It may also include coercion to avoid contraception or pressure regarding pregnancy decisions.
• Emotional abuse: Even though this form is not tangible, it falls under the broad concept of abuse in many domestic situations. It involves the destruction of a person's self-worth or self-esteem, such as constantly insulting, humiliating, or criticizing another person. Since this type does not include physical control, it is difficult to prove in court. When a person suffers from this kind of abuse, it is advised to keep notes and records; for example, it is wise to save texts that contain harassing messages.
• Economic abuse: Financial abuse takes numerous forms and may be less obvious than more physical forms of abuse, but it can include causing the individual to be financially incapable or reliant. For instance, one spouse may prevent the other from obtaining a job outside of the home or from going back to school for further education. Oftentimes, it occurs in families where one partner depends on the other for financial means, and the person being accused withholds money to pay for food, clothing, or other basic needs.
• Psychological abuse: Psychological abuse is any behavior that intimidates, threatens, or causes fear in another individual on a constant basis. For example, threatening a person with violence or preventing someone from leaving the home falls under this type of abuse.

Penalties for Domestic Violence in Florida

Regardless of the circumstances, a conviction for domestic violence will have immediate and negative consequences. You will likely have an injunction (also known as a “no-contact” or restraining order) taken out against you, as well as lose the right to see your children. A conviction will also typically result in jail or prison time, hefty fines, mandatory probation, community service, and enrollment in a 26-week batterer’s intervention program.

If you are facing domestic violence charges in Florida, state law generally requires that a person convicted of a crime of domestic violence serve a minimum of several days in jail. The court decides the sentence of either probation or community service and any additional jail or prison time according to the statutes and the facts of the case.

Domestic violence charges can include many other criminal offenses, such as:

• Assault: second-degree misdemeanor
• Aggravated Assault: third-degree felony
• Battery: first-degree misdemeanor or a third-degree felony

The charges an individual may face in Florida for domestic violence include misdemeanor, third-degree felony, or second-degree felony. Additionally, these convictions can include time in prison:

• Misdemeanor: From 60 days to one year in jail
• Third-Degree Felony: Up to five years in prison
• Second-Degree Felony: Up to fifteen years in prison

What Happens in Domestic Violence Cases?

The domestic violence process in Florida is a legal action taken by the State to protect victims of domestic or family violence. The process begins when a domestic violence victim or witness makes a call to police and/or files a police report. An arrest may be made depending on the severity of the incident, and there are various outcomes that can be expected depending on the evidence available.

In a typical Florida domestic violence case, you can generally expect the following steps:

• Initial report and arrest: Law enforcement responds to a call, assesses the situation, and may make an arrest if they believe a crime occurred.
• First appearance and bond: The accused is brought before a judge, usually within 24 hours, to address bond, release conditions, and any no-contact provisions.
• Injunction or protective order: The court may issue a temporary injunction or extend an existing order to protect the alleged victim.
• Formal charges and arraignment: The State Attorney’s Office reviews the evidence and decides what charges to file, and you will enter a plea at arraignment.
• Discovery and motion practice: Both sides exchange evidence, and your attorney may file motions to suppress evidence or challenge the State’s case.
• Negotiations or trial: The case may be resolved through negotiations, diversion, or proceed to trial where a judge or jury decides guilt.

Generally, there will be an injunction granted that ensures the safety of the domestic violence “victim,” followed by court hearings in front of a judge wherein both parties present their case. The judge weighs what happens in Florida domestic violence cases and renders decisions based on the testimonies and evidence presented. Ultimately, this process could include domestic violence convictions, jail time for offenders, orders for protection, probationary sentences with restrictions, and more.

Understanding the Jacksonville Court Process

For anyone arrested in Jacksonville on a domestic violence allegation, it helps to understand which courts and agencies will be involved in your case. 

Many arrests originate with the Jacksonville Sheriff’s Office, and first appearances and bond hearings are typically held at the Duval County courthouse. From there, your case may be assigned to a county court or circuit court division, depending on whether the charge is a misdemeanor or felony, and hearings will usually take place at the Duval County Courthouse on West Adams Street.

Throughout this process, a prosecutor from the State Attorney’s Office for the Fourth Judicial Circuit will review the evidence and decide what formal charges to file. A Jacksonville domestic violence lawyer can evaluate how the local prosecutors handle similar cases, what diversion or counseling options may be available, and whether there are weaknesses in the evidence that can be raised early. 

Having counsel that regularly appears in Duval County courts means you are guided by someone familiar with local procedures, unwritten practices, and the expectations of judges handling domestic-violence-related dockets.

Defenses Against Domestic Violence Charges

While being charged with domestic violence can seem like the end of the world, there are things that can be done to protect your future moving forward. Let’s take a closer look at some of the most successful domestic violence defense strategies in Florida.

False Accusations

If you've been falsely accused, there are steps you can take to fight the charges, including:

• Proving that your partner had a reason to falsely accuse you. Common reasons include divorce, infidelity, and ongoing child custody battles.
• Showing that your partner’s story is inconsistent.

Self-Defense

Another common situation where domestic violence charges stem from is acting out of self-defense. If you can prove that your significant other struck first and you were acting out of self-defense or to defend your child, your charges could be dropped.

Additionally, if you can prove that your partner has a history of abuse, you're much more likely to have your charges dropped.

Lack of Evidence

Unlike many other crimes, individuals charged with domestic violence are often treated as if they are “guilty until proven innocent.” However, that doesn’t mean that there aren’t things that can be done to show your innocence.

If the accuser cannot provide sufficient evidence to support their statements, you could have your charges dropped.

Call 24/7 for a Free Consultation

If you have been accused of domestic violence, your rights are at stake. Don’t delay in contacting our firm for a complimentary consultation with an experienced and awarded domestic violence attorney in Jacksonville. We have the resources, skill, and in-depth legal knowledge required to aggressively defend your rights, your future, and your reputation.

At First Coast Criminal Defense, we understand the urgency and importance of addressing domestic violence accusations promptly and effectively. Our 24/7 availability ensures that we are ready to provide insights and support whenever you need legal guidance. Let us help you navigate this challenging time with a strategic and personalized legal plan.

Call (904) 474-3115 today to speak with our Jacksonville domestic violence lawyer at First Coast Criminal Defense.