The term ‘Domestic Violence’ is covered broadly in Chapter 741 of the Florida Statutes. It is basically defined as any criminal offence that is perpetrated against a family member by another family with a result in any injury or death. The domestic violence laws include criminal offences of the following nature:
– assault
– battery
– stalking
– aggravated assault
– aggravated stalking
– aggravated battery
– kidnapping and/or false imprisonment.
Any person who alleges that they are the victim of domestic violence or a person being charged with domestic violence should have their rights explained to them by a law enforcement officer responding to an incident or to whom a report has been made. However, for a better understanding of both parties rights, it is always advisable to seek legal advice from a family law attorney.
1. Rights Of The Victim
The victim, first and foremost, has the right to receive medical treatment, usually provided with the assistance of a law enforcement officer. The law enforcement officer must list in his incident report all visible injuries sustained by the victim and can include a medical report from an attending physician.
The victim has the right to petition the circuit court for an injunction to protect them from domestic violence. The injunction prevents the abuser from future acts of domestic violence as well as restrains the accused from entering the victim’s domicile, place of work or school. The injunction may also provide for custody of any minors to be awarded to the abused and for financial support to be paid.
The victim may also file for a restraining order which will prevent the accused from coming into contact with them in any way or form including through mutual acquaintances or through the use of electronic communication such as e-mail or social media.
The victim will also be made aware of nearby domestic violence centers where a range of services are provided.
2. The Rights Of The Accused
A responding law enforcement officer may, at his or her discretion, arrest the offender under the domestic violence laws. The accused will receive the usual rights of any person under arrest and should immediately contact a lawyer or attorney to further determine their legal standing.
The accused may receive bail pursuant to the issuance of an injunction of protection or restraining order from the accused. The accused must comply with all the provisions in the injunction to avoid returning to the county jail until the case comes to trial or a plea bargain has been agreed to.
A trial can either vindicate a defendant or lead to a guilty verdict which could lead to the defendant receiving a maximum sentence. On the other hand, plea bargaining will result in lesser penalties but will probably require a guilty plea meaning that the defendant will have a criminal record. The minimum sentence is 5 days in a county jail and the guilty party will be ordered to attend an intervention program for batterers as part of their probation which will continue for no less than 1 year.
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