Domestic violence is a complex and widespread issue, with legal definitions and remedies varying across jurisdictions. In Broward County, Florida, domestic violence is addressed through specific laws designed to protect victims and hold perpetrators accountable. This article provides an overview of domestic violence as defined in Florida law, with insights from a legal expert familiar with cases in Broward County.
What is Domestic Violence?
Under Florida Statute §741.28, 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 members include spouses and former spouse, individuals related by blood or marriage, people currently residing together as a family or who have resided together in the past,and parents of a child, regardless of marital status
It is important to note that for individuals to be considered family or household members under this statute, they must currently reside together or have resided together in the past, with the exception of co-parents.
Forms of Domestic Violence
Domestic violence encompasses various forms of abuse, including physical abuse, emotional abuse, emotional and psychological abuse, sexual abuse, financial abuse, and stalking and harassment. Inflicting bodily harm through hitting, kicking, or other physical acts are considered as physical abuse. Manipulative behaviors such as intimidation, threats, or constant criticism aimed at controlling the victim are examples of emotional and psychological abuse. .Forcing or coercing a partner into non-consensual sexual activities is deemed as sexual abuse. Financial abuse is restricting access to financial resources, preventing employment, or controlling financial decisions. Following, monitoring, or contacting someone repeatedly to instill fear or exert control is considered as stalking or harassment.
Legal Protections in Broward County
Victims of domestic violence in Broward County have several legal avenues to seek protection and justice:
Injunction for Protection (Restraining Orders): Victims can petition for a protective order to restrict contact from the abuser. This may include provisions to prohibit communication, enforce physical distance, and ensure custody arrangements prioritize safety.
Criminal Charges: Domestic violence is a criminal offense, and perpetrators may face charges leading to imprisonment, fines, or mandated intervention programs.
Shelter and Support Services: Broward County provides access to emergency shelters, counseling, and advocacy services for victims of domestic violence.
Child Custody Considerations: Courts in Broward County consider domestic violence a significant factor in determining child custody arrangements, prioritizing the child’s safety and well-being.
Insights from a Legal Expert
Legal expert Jane Doe, a practicing family law attorney in Broward County, emphasizes the importance of understanding your rights and the legal processes involved.
“Many victims hesitate to seek help because they fear retaliation or lack knowledge of their options. Florida law provides robust protections for victims, but taking the first step to reach out is crucial,” says Doe.
She advises victims to document instances of abuse, keep records of any injuries or threats, and connect with local resources for support.
“Working with an experienced attorney can make a significant difference,” Doe adds. “Legal professionals can guide victims through filing restraining orders, navigating custody disputes, and pursuing criminal charges when appropriate.”
When to Seek Help
If you are a victim of domestic violence in Broward County, it is essential to seek help immediately. Contact local law enforcement or a domestic violence hotline for assistance. Broward County also has resources such as Women In Distress, which offers 24/7 support to victims.
Defining domestic violence is the first step in addressing it effectively. With clear legal definitions and resources, Broward County aims to protect victims and deter abuse. If you or someone you know is experiencing domestic violence, reaching out to a legal expert can provide the guidance and support needed to begin the journey toward safety and justice.
