What is Florida law on domestic violence?
Yes, Florida law does permit a domestic violence injunction to include minor children. Under Florida law, domestic violence is any assault, battery, stalking, false imprisonment, or criminal offense that results in the physical injury or death of a member of the family or household.
How does domestic violence work in Florida?
There is a mandatory minimum for domestic violence that causes bodily harm under Florida law. This means you could face mandatory jail time if the court finds that you intentionally caused bodily harm to someone in your family or a former partner. 20 days in a county jail for a third or subsequent offense.
What is the punishment for assault in Florida?
In Florida, the crime of simple Assault is a Second Degree Misdemeanor and punishable by up to sixty (60) days in jail, six (6) months of probation, and a $500 fine. A judge may sentence a person convicted of simple Assault to probation, but may also impose a sentence up to the statutory maximum of sixty days in jail.
What qualifies as assault in Florida?
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
What is the Statute of limitations for domestic battery in Florida?
A statute of limitation in Florida for misdemeanor acts of domestic violence such as the first offense of domestic violence battery is three years. The purpose of the “statute of limitations” is to prohibit prosecutors from prosecuting someone with a crime that was committed more than a specified number of years ago.
Is domestic violence a felony?
In most states, domestic violence can be charged as a felony or a misdemeanor depending on the harm inflicted and the past criminal record of the person charged.
What is domestic assault and battery?
Domestic assault and battery is the same act statutorily as regular assault and battery. Assault and battery are two separate acts, although they are very similar. Assault refers to a threat of violence, as opposed to battery which refers to unlawful physical contact with the intent to cause injury, harm, or pain.