Domestic Violence is a violent confrontation that explodes in the home between family members; between two people in a relationship who live together; or who live apart but share a mutual child, or who are divorced, or who at one time lived together. It can happen between a father and daughter, mother and son, an adult child and an elderly parent, but most often it occurs between a couple living together, married or not, with the woman being the victim in the majority of the cases. Sometimes weapons are used, sometimes property is damaged, but most often the abusive partner in the relationship causes injuries using physical force. The Office of the State Attorney has a specially trained staff of attorneys, a criminal investigator, victim advocates and support staff assigned to prosecute misdemeanor domestic violence cases. This will be in addition to the live testimony of the police officers who responded to the emergency call, as well as any witnesses to the incident. It would be unusual for first-time domestic violence offenders to go to jail for a misdemeanor offense.
Florida’s Statute of Limitations in Criminal Cases
Florida's Statute of Limitations in Criminal Cases | Sammis Law
The crime of Aggravated Battery on a Pregnant Woman is particularly serious, requiring the assistance of an experienced, knowledgeable Florida criminal defense attorney. The state of Florida, under the Statutes pertaining to Aggravated Battery on a Pregnant Woman, seeks to protect the vulnerable unborn child as well as the expectant mother. Therefore, under Florida Statutes, Section Most often charges of Aggravated Battery on a Pregnant Woman result from some type of domestic relationship—parents who have a child together, a dating relationship between partners, whether opposite sex or same sex, or a husband and wife. The prosecutor in your case must prove the following:. While this Florida law has very good intentions, in some cases those who had only an incidental interaction with the expectant mother may find themselves charged with this very serious crime. If a pregnant woman claims you had inappropriate contact with her—even if neither mother nor baby was injured—charges could be filed against you.
It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. Read about the law in Code of Civil Procedure section A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence.
A felony conviction carries significant consequences, including jail time and having your record permanently scarred with a felony conviction, which may affect your ability to be considered for many housing opportunities and jobs. However, a misdemeanor conviction are crimes that often carry penalties of up to one year of imprisonment. Domestic violence is essentially defined as a behavior used by one person in a relationship to c o ntrol the other person. The more serious form of felony domestic violence is a crime where one family or household member commits a serious act of violence against another resident of the household. Domestic violence laws are not solely limited to relationships between spouses, but also include violence against other household members.