Wednesday, October 30, 2019

How Does Florida Law Handle Domestic Violence

In Jacksonville, Florida, a family or household member is anybody who currently or formerly resides with you, is related to you by blood, or has a child/children with you. And Domestic Violence, according to the Florida Statute 741.28(2), is any assault or criminal offense that leads to death or even just physical injury. The assault, battery, or stalking can be, by nature, aggravated or sexual. Kidnapping and false imprisonment can also be a form of domestic violence.

Get Help

If you find yourself or someone you care for in a similar situation or altercations where you or your loved ones can be victims of domestic violence, call about it now. If you feel frightened, try sliding a note inconspicuously to any employee in a restaurant, hospital, or place that you frequent in Jacksonville. You should also talk to someone you trust or an attorney about your situation. The National Domestic Abuse Hotline is 1-800-799-7233. You can call the hotline at any time of day if you are feeling threatened. Be careful not to get caught in your research or phone calls if you are the one in danger.

Protect Yourself By Filing For An Injunction

You can file a petition to the court for the protection of you and your loved ones if you have reasonable cause to believe you are about to be a victim of domestic violence or already are one.  If the judge grants the injunction after contested hearings, the respondent or the abuser must follow the provisions that came with the ruling. These provisions include but are not limited to, the protection of the victim from any possible act of domestic violence, removal of the respondent from home, and child support. 

Get Ready For Penalties

Once found guilty, the defendant must serve the following:
  • One year minimum probation
  • Batterers’ Intervention Program
  • Five days in county jail
The judge may specify that the last two would not be served. The defendant should satisfy five days in county jail only if verified that physical injury was done intentionally. If the respondent violated the injunction as well, the court would consider it as a misdemeanor in the first degree, where jail time can reach up to one year. Aggravated stalking, followed by an injunction, is a felony in the third degree, where the defendant can expect a five-year prison sentence with a $5,000 fine.

Lawyer Up

An accusation of domestic violence is not in any way easy or light. The provisions that come with the injunction can affect your parental and property rights. Contact an experienced criminal defense attorney in Jacksonville, Florida right away. Robert Corse, Attorney At Law has been practicing law in the Jacksonville area for over 30 years as a litigator primarily in the areas of criminal defense, and personal injury. This lawyer will work to safeguard your rights.

Also, just in case you are looking for an employment lawyer in Jackson Florida then please follow this link: https://sackslegal.com/ 

The Law Office Of David B. Sacks
4494 Southside Blvd #101
Jacksonville, FL 32216
+1 (904) 758-8160  

 

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