What Makes the Violence Domestic?
Florida Statutes § 741.28 defines domestic violence as any assault, battery, aggravated assault or battery, kidnapping, false imprisonment or other criminal offense committed by a household or family member that results in the injury or death to another household or family member.
According to this Florida law, the definition of a household member can include a spouse, former spouse, person related by blood or marriage, people who had a child together or a person who resides with another as a family member or has resided in the past.
The alleged offender and the accused must currently or previously have resided together in the same single dwelling unit to be considered a family or household member under Florida law. However, parents who have a child in common do not have to live in the same home.
Common Types of Domestic Violence Charges
Although domestic violence is a very broad term, and can be construed as such, the following are the types of cases Mr. Dunn typically handles under Domestic Violence charges:
- Domestic Battery by Strangulation
- Cyberstalking
- Domestic Violence Injunction violations
- Harassment
- Aggravated Assault
- Battery
- Aggravated Battery
Penalties for Domestic Violence Crimes
Penalties can vary widely depending on who the victim was, the offense, was a weapon used during the offense, the age of the victim, and whether the alleged offender has a previous criminal history. Domestic Violence penalties can be charged as misdemeanors or felonies, depending on the facts of the case.
- Second-degree misdemeanors can lead to 60 days in jail, fines up to $500 or both.
- First-degree misdemeanors can include up to one year in jail, fines up to $1,000 or both.
- Third-degree felonies can include prison time up to five years, fines up to $5,000 or both.
- Second-degree felonies can lead to prison time up to 15 years, fines up to $10,000 or both.
Resources for Domestic Violence Victims
SPARCC (SAFE PLANCE AND CRISIS CENTER)
Sarasota Outreach & Administration
2139 Main Street, Sarasota, FL 34237
Administration: (941) 365-0208
Helpline: (941) 365-1976
VENICE OUTREACH OFFICE
1531 Tamiami Trail South, Suite 702-A, Venice, FL 34285
8:30 am – 5:00 pm, Monday – Friday (by appointment only)
Administration: (941) 492-3752
Helpline: (941) 365-1976
ARCADIA OUTREACH OFFICE
4 W. Oak Street, Arcadia, FL 34266
8:30 am – 5:00 pm, Monday – Friday (by appointment only)
Administration: (863) 494-4948
Toll-Free Helpline: (877) 365-1976
BEHAVIOR MANAGEMENT SERVICES
Providing Counseling Services for Anger Management and Domestic Violence Intervention
405 B Interstate Blvd, Sarasota, Fl 34240
Tel: 941-954-1105
FLORIDA COALITION AGAINST DOMESTIC VIOLENCE
FCADV desires to create a violence-free world and provides leadership, education, training, technical assistance, advocacy and support to domestic violence center programs.
If you are charged with a domestic violence charge in the Sarasota, Manatee, Venice or DeSoto counties, contact The DUNN Law Firm at 941-866-4352 for a free consultation to discuss the facts of your case. Mr. Dunn can help you determine possible defenses to your charge and fight to achieve the best outcome in your case.