- Dorothy Naumann
- Indian River County, FL
Domestic violence is a specific category of criminal offense under Florida law that applies when certain crimes are committed between individuals in a defined domestic relationship. Florida Statute 741.28 establishes the legal definition of domestic violence and governs how these cases are processed through the court system.
Legal Definition Under Florida Statute 741.28
Florida Statute 741.28 defines domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.
The statute defines “family or household member” to include spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as a family, persons who have resided together in the past as a family, and persons who are parents of a child in common, regardless of whether they have been married or have resided together at any time.
Types of Offenses Included
Domestic violence is not a standalone charge in Florida but rather a designation that applies to existing criminal offenses when committed in a domestic context. The most common offenses charged as domestic violence include:
- Battery (Florida Statute 784.03): intentional and unwanted touching or striking of another person
- Aggravated battery (Florida Statute 784.045): battery that results in great bodily harm, involves a deadly weapon, or is committed against a pregnant person
- Assault (Florida Statute 784.011): an intentional, unlawful threat to do violence with the apparent ability to carry it out, creating a well-founded fear
- Stalking (Florida Statute 784.048): willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person
Court Procedures in Domestic Violence Cases
Domestic violence cases in Indian River County are processed through the 19th Judicial Circuit Court. Florida law requires that a person arrested for domestic violence be held in custody until they appear before a judge, typically at a first appearance hearing held within 24 hours of arrest.
The state attorney’s office makes the decision whether to file formal charges. In Florida, the alleged victim does not have the authority to “drop” charges once an arrest has been made. The charging decision rests solely with the state.
Florida law also requires the court to consider whether a condition of no contact with the alleged victim is appropriate as a condition of release. This condition, if imposed, prohibits all contact between the defendant and the named individual pending the outcome of the case.
Injunction Hearings
Separate from the criminal case, an alleged victim of domestic violence may petition the court for an injunction for protection against domestic violence under Florida Statute 741.30. An injunction is a civil court order that may prohibit the respondent from having contact with the petitioner, require the respondent to vacate a shared residence, or impose other restrictions.
The process for obtaining an injunction involves an initial ex parte hearing, at which the judge reviews the petition without the respondent present and may issue a temporary injunction. A full hearing is then scheduled, at which both parties may present evidence. If the court finds sufficient grounds, a final injunction may be entered for a specified or indefinite period.
Violating a domestic violence injunction is a first-degree misdemeanor under Florida law and may result in arrest.
Possible Penalties
Penalties for domestic violence offenses in Florida depend on the specific charge and the defendant’s prior record. Florida Statute 741.283 imposes a mandatory minimum sentence of five days in the county jail upon conviction of any offense that resulted in the intentional infliction of bodily harm to the victim. Additional penalties may include:
- Probation with conditions, including batterers’ intervention program participation
- Community service hours
- Fines and court costs
- Loss of the right to possess a firearm under state and federal law
A conviction for domestic violence battery is not eligible for expungement or sealing under Florida law.
Right to Legal Representation
Any person charged with a domestic violence offense in Florida has the right to legal representation at all stages of the proceeding, including the initial appearance, arraignment, injunction hearing, and trial.
Contacting a Criminal Defense Attorney
Florida law provides individuals the right to legal representation when facing criminal charges. Anyone charged with or under investigation for a domestic violence offense in Vero Beach or Indian River County may contact a qualified criminal defense attorney to discuss their situation and legal rights.
To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.