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 in a physical manner. However, there must be proof of injury. Usually resulting in a trip to the hospital.
• Sexual abuse: Sexual abuse goes beyond the scope of rape and sexual assault. In fact, it encompasses harassment that includes unwelcomed touches. Also, it may include coercion to avoid contraception or force to have an abortion.
• Emotional abuse: Even though this form is not tangible, it falls under the definition of domestic violence. It involves the destruction of a person's self-worth or self-esteem. For instance, constantly insulting, humiliating, or criticizing another person. Since this type does not include physical control, it is difficult to prove, especially in Florida. When a person suffers from this kind of abuse, it is advised to keep notes and records. For example, it is wise to save text that contains harassing messages.
• Economic abuse: Financial abuse takes numerous forms and may be less obvious than more physical forms of abuse, but 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 their 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. 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.

If you've been accused of any of these, call our domestic violence lawyer in Jacksonville for a free consultation: (904) 474-3115.

What are the 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, the minimum punishment is at least five days in jail. The court decides the sentence of either probation or community service according to state laws.

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 as 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 include time in prison:

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

What Happens in Domestic Violence Cases Florida?

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.

Generally, there will be an injunction granted that ensures 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 presented. Ultimately, this process could include domestic violence convictions, jail time for offenders, orders for protection, issuing probationary sentences with restrictions and more.

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

There has been a large increase in the number of false domestic violence reports filed since the COVID-19 pandemic began in March 2020. 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 from 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 “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.

Contact Our Domestic Violence Attorney in Jacksonville Today

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 from First Coast Criminal Defense.

Frequently Asked Questions

How Does the Legal Process Work for a Domestic Violence Charge?

In Jacksonville, the legal process for a domestic violence charge begins with a report to the police, potentially leading to an arrest if the evidence supports the allegation. Following the arrest, the accused must attend a court hearing discussing bond and release conditions. Upon formal charges, court proceedings will determine the plea—guilty, not guilty, or no contest. Depending on the plea and evidence presented, the following steps may involve trial preparation or negotiation for reduced sentencing or dismissal. It is advisable to engage a knowledgeable attorney to navigate this involved legal process with strategic insights tailored to each situation’s unique aspects.

How Can I Get a Domestic Violence Charge Dismissed?

In Jacksonville, several strategies may lead to the dismissal of domestic violence charges. Demonstrating insufficient evidence or inconsistencies in the complainant’s narrative can be significant. Other avenues include seeking to prove false allegations or negotiating plea deals that may reduce the charges or involve probation terms without a conviction. Working closely with a proficient attorney from our firm can bolster these strategies by meticulously reviewing the details of your case for procedural errors or rights violations. The existence of such discrepancies can form the basis for dismissal motions, highlighting the importance of detailed legal review and representation.

Are Restraining Orders Permanent in Florida?

In Florida, restraining orders stemming from domestic violence charges are not inherently permanent. Three primary types exist: temporary (issued immediately upon a complaint), permanent (typically issued after a hearing), and injunctions, which can last indefinitely but may be modified. Each order’s duration varies based on the court’s assessment of threat severity and ongoing risk to the victim. Those with orders against them can contest the severity or permanence in court, showing evidence of changed behavior or risk reduction. Having legal representation is crucial for navigating this process, as contesting a restraining order involves demonstrating why its terms are no longer necessary.