Florida’s Domestic Violence Law
Under Florida law, Fla. Stat. § 741.28(2), domestic violence is defined 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 family or household member.”
Given that nearly any crime that results in physical injury or death may be considered an act of domestic violence given Florida’s broad definition, fighting allegations of domestic violence is not always an easy task. A key factor to be aware of is that the allegation of domestic violence must be made by a family or household member. This includes spouses, former spouses, persons related by blood or marriage, persons living together as a family would or who have resided together as a family would in the past, in addition to parents of a child regardless of whether the parents are married or not.
Because there are so many variables involved in any given domestic violence case, no two cases are going to be exactly alike. As such, if you have been charged with a domestic violence-related crime, you should not assume that the outcome of the criminal charge will be the same for you as it is for another person. Tampa Criminal Lawyer Marc A. Joseph, P.A. provides legal representation that is unique to the particular facts of your case, so that you are not simply receiving “standardized” legal advice. You will be receiving advice that pertains only to your situation and not what generally happens with domestic violence cases in Florida.Tampa Domestic Violence Defense Attorney