Florida Domestic Violence Laws
Learn the Difference Between Assault vs. Battery
Based on Florida domestic violence law (Florida Statute 741.28), domestic violence is defined as any criminal offense that leads to the physical injury or death of one family or household member by another family or household member.
In Florida, domestic violence may occur between a spouse, an ex-spouse, a co-parent of an individual’s child, a relative related to the individual by blood or marriage, a couple who currently cohabitate or formerly cohabitated in the same household, or a couple in a current or former dating relationship.
Minimum jail time for domestic violence
In October 2016, Florida Governor Rick Scott signed into law new, stricter domestic violence laws that include minimum prison sentences for specific offenses. Those jail terms increase if the offender has intentionally caused bodily harm to another person, or if the domestic violence incident takes place in the presence of a child/family member ages 16 years or younger.
If you or someone you know is charged with domestic violence in Florida, he or she will face the following minimum jail terms:
As per the new Florida domestic violence laws, if a person commits an act of domestic violence to intentionally cause bodily harm to another person – or in the presence of a child age 16 or younger – he or she will receive stiffer penalties. These include a minimum of 15 days in a county jail for a first offence, a minimum of 20 days in jail for a second offense, and a minimum of 30 days in jail for a third or subsequent offense unless the court sentences the offender to a state correctional facility.
These sentences are all minimums. A state prosecutor may seek multiple charges that may, for example, raise certain types of domestic violence from a misdemeanor to a felony. This can lead to more jail time.
Common Types of Domestic Violence
Domestic violence may include crimes such as:
Assault vs. battery in Florida
Assault means that one person has threatened to commit violence against another person. Battery means that one person has made physical contact (punch, hit, etc.) in an attack on another person. Aggravated assault and/or aggravated battery are more serious charges that typically involve the use of a gun or other deadly weapon or an intent to commit a felony.
When you need an attorney
If you or someone you know has been charged with domestic violence – or is the victim of domestic violence – you need to secure the services of a domestic violence attorney in Orange County or Seminole County that you can trust. The lawyers at Filler & Hedum Law Firm in Longwood, Seminole County, can help. Attorney Kelly Hedum has worked extensively with victims of domestic violence and sexual assault. She’ll use her vast experience to defend your rights.
Based on Florida domestic violence law (Florida Statute 741.28), domestic violence is defined as any criminal offense that leads to the physical injury or death of one family or household member by another family or household member.
In Florida, domestic violence may occur between a spouse, an ex-spouse, a co-parent of an individual’s child, a relative related to the individual by blood or marriage, a couple who currently cohabitate or formerly cohabitated in the same household, or a couple in a current or former dating relationship.
Minimum jail time for domestic violence
In October 2016, Florida Governor Rick Scott signed into law new, stricter domestic violence laws that include minimum prison sentences for specific offenses. Those jail terms increase if the offender has intentionally caused bodily harm to another person, or if the domestic violence incident takes place in the presence of a child/family member ages 16 years or younger.
If you or someone you know is charged with domestic violence in Florida, he or she will face the following minimum jail terms:
- A first offence carries a minimum of 10 days in a county jail
- A second offense carries a minimum of 15 days in a county jail
- A third or subsequent offense carries 20 days in a county jail as part of the sentence imposed, unless the court sentences the offender to a state correctional facility
As per the new Florida domestic violence laws, if a person commits an act of domestic violence to intentionally cause bodily harm to another person – or in the presence of a child age 16 or younger – he or she will receive stiffer penalties. These include a minimum of 15 days in a county jail for a first offence, a minimum of 20 days in jail for a second offense, and a minimum of 30 days in jail for a third or subsequent offense unless the court sentences the offender to a state correctional facility.
These sentences are all minimums. A state prosecutor may seek multiple charges that may, for example, raise certain types of domestic violence from a misdemeanor to a felony. This can lead to more jail time.
Common Types of Domestic Violence
Domestic violence may include crimes such as:
- Assault
- Aggravated assault
- Battery
- Aggravated battery
- False imprisonment
- Kidnapping
- Sexual assault
- Sexual battery
- Stalking
- Aggravated stalking
Assault vs. battery in Florida
Assault means that one person has threatened to commit violence against another person. Battery means that one person has made physical contact (punch, hit, etc.) in an attack on another person. Aggravated assault and/or aggravated battery are more serious charges that typically involve the use of a gun or other deadly weapon or an intent to commit a felony.
When you need an attorney
If you or someone you know has been charged with domestic violence – or is the victim of domestic violence – you need to secure the services of a domestic violence attorney in Orange County or Seminole County that you can trust. The lawyers at Filler & Hedum Law Firm in Longwood, Seminole County, can help. Attorney Kelly Hedum has worked extensively with victims of domestic violence and sexual assault. She’ll use her vast experience to defend your rights.
Free Consultation and Criminal Law Case Review
To learn more about your legal rights in a domestic violence case, call Filler & Hedum Law today for a free consultation. We’ll sit with you, answer all of your questions, outline a specific plan of attack that we will use for your defense, and fully explain all costs and fees associated with your defense. It is your life. There are no games, no secrets, no surprises with Filler & Hedum Law – just complete truth, commitment and legal expertise.
Filler & Hedum---There When You Need 'Em 407-772-0700.
Filler & Hedum---There When You Need 'Em 407-772-0700.
