Florida Statute 741.28 defines domestic violence as "any assault, battery, sexual assault, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit". Domestic violence, also sometimes called "spousal abuse", usually involves repetitive physical and psychological abuse, and a "cycle of violence". Specific crimes charged vary based on 1) severity of the victim's injuries, 2) whether a minor was present, and 3) whether a protective or restraining order was violated.
In Florida the Courts in every circuit have established a Domestic Violence Court. A victim of domestic violence can file a petition against the perpetrator for a preliminary injunction. The Court will review the petition and if the case has merit will enter an Order of Temporary Injunction. A final hearing after notice to all parties must occur within fourteen days after the issuance of the Temporary Injunction. Each party may bring witnesses to the hearing. In some cases law enforcement, fire rescue and EMT personnel are also subpoenaed to appear in Court.
Whether you are a victim of domestic violence or you have been falsely accused of battery, we will thoroughly investigate your case and vigorously defend you in court. Call us at 954-476-7111 or email us for a consulation!
To learn more about domestic violence, click on the below links*:
The Florida Bar: Domestic Violence
WomensLaw.org: Domestic Violence
Casa St. Pete: Know your rights