Florida Domestic Violence Laws - PowerPoint PPT Presentation

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Florida Domestic Violence Laws

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Whether you are the victim of domestic violence or have been accused of domestic violence, it is essential that you understand the Florida domestic violence laws as well as the potential penalties and consequences for someone who is convicted of violating those laws. – PowerPoint PPT presentation

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Title: Florida Domestic Violence Laws


1
Florida Domestic Violence Laws
For Defendants and Victims
2
Domestic Violence Know NO BOUNDARIES
3
Domestic violence is a problem that crosses all
boundaries and can strike anywhere, anytime, to
anyone
4
If you are the victim of domestic violence or
have been accused of domestic violence in the
State of Florida
5
it is imperative that you have a basic
understanding of the laws relating to DOMESTIC
VIOLENCE
6
History of Domestic Violence Laws
7
Both the laws and policies relating to domestic
violence tend toward an arrest now, ask
questions later stance
8
This is because in the past domestic violence
was largely ignored OR CONSIDERED A PRIVATE
MATTER
9
In recent decades, laws have been re-written,
penalties increased, and law enforcement agencies
have adopted more aggressive policies
10
Definition of Domestic Violence
11
Florida Statute 741.28(2) defines domestic
violence as follows
12
DOMESTIC VIOLENCE means 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 family or household member
Florida Statute 741.28(2) defines domestic
violence as follows
13
Can a Victim DROP THE CHARGES?
14
Heat of anger or other strong emotions sometimes
cause an individual to report an
act of domestic violence that did not occur
15
The alleged victim may want to drop the
charges or not press charges
The alleged victim does not have the power to
decide if the case proceeds
The prosecuting attorney on behalf of the State
of Florida will decide if charges are filed
despite what the alleged victim says after the
fact
16
This policy exists because true batterers OFTEN
THREATEN OR INTIMIDATE VICTIMS into changing
their story after reporting the abuse
17
Misdemeanor or Felony?
18
In Florida, domestic violence may be charged as a
misdemeanor or a felony
19
Each case is evaluated individually however,
some factors that will influence what charges are
filed include
20
The age of the alleged victim
The extent of the injuries suffered by the
alleged victim
The use of a weapon
The defendants criminal history
21
Penalties for a Conviction
22
Minimum five days in jail if a person is
adjudicated guilty of a crime of domestic
violence and the person has intentionally caused
bodily harm to another person
23
Minimum one year probation
24
Must complete Batterers Intervention Program
25
If defendant has previous conviction for
domestic violence, CHARGED AS FELONY
26
Felony carries up to five years in prison
27
Aggravated felony carries up to 15 years in
prison
28
Additional Consequences of Conviction
29
PROHIBITION against owning, purchasing, or
carrying a firearm
30
Cannot work as law enforcement officer or join
military
31
NOT ELIGIBLE for expungement or sealing of record
32
Negative impact in custody or divorce case
33
Restraining and No Contact Orders
34
RESTRAINING ORDER is a civil order preventing
further contact or abuse by alleged perpetrator
35
No contact order will be issued as part of a
criminal case if charges are filed
36
Violation can result in revocation of bond and
return to jail until case is over
37
Violation can also result in additional criminal
charges
38
Defendant can be charged with a violation even if
alleged victim initiated contact
39
Want to Know More About Florida Domestic Violence
Laws?
Want to Know More About Florida Domestic Violence
Laws?
40
Click to visit psffirm.com
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