Domestic violence issues in Orlando include sexual battery, sexual assault, aggravated assault, stalking, battery, false imprisonment, kidnapping, or any criminal offense committed by one member of a household or family against another, resulting in an injury or death.
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are currently residing together in a familial relationship—or who have previously resided together in such a way—and persons who are parents of a child in common, regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. (Florida Statute 741.28).
If a person is adjudged guilty of domestic violence—that is, the person has intentionally inflicted bodily harm upon that other person—the court shall order the person to serve a minimum sentence of five days in the county jail, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility. This section does not preclude the court from sentencing the person to probation, community control, or an additional period of incarceration. (Florida Statute 741.283)
Whether you’re a victim of domestic violence or believe you’re about to become one, you can seek protection from the court by filing a temporary injunction or contested hearing.
Though legislators are concerned, a new bill, that if signed will go into effect in October, unfortunately lacks the teeth that will place harsher penalties on those who engage in domestic violations and put enough safeguards between victims and their abusers.
“Basically when there’s a violation of an injunction for protection, it’s a misdemeanor, and no matter how many times there’s a violation, it’s a misdemeanor,” said Leisa Wiseman, with Florida’s Coalition Against Domestic Violence.”
Whether you are a victim or you’ve been accused with domestic violence, there are many questions. Remember, if you are accused of domestic violence everything you say to the police or the prosecutor’s office can be used against you.
Fortunately, victims of domestic violence have options. By contacting the attorney’s at HAWM Law, victims and those who have been charged with domestic violence can know their options available.