24th Jul 2015
The category of “domestic violence” involves a crime of violence against a family or household member. If you have been arrested in the State of Florida and are accused of domestic violence, you should immediately contact a criminal defense attorney in Miami-Dade Florida to defend you in your criminal case. Hiring an attorney as soon as possible is essential in defending criminal allegations since a criminal conviction can have serious implications for the rest of your life. A criminal defense attorney in Miami-Dade can help you make informed choices regarding your legal defense by advising you of all your legal options in the situation and protecting your constitutional rights.
According to Florida law, “domestic battery” is defined as;
any actual and intentional touching or striking of a family or household member without consent, or the intentional causing of bodily harm to such person.
A family or household member would include wives and husbands; ex-wives and ex-husbands; individuals related by blood or marriage; individuals living together as a family; individuals who have resided together as if a family in the past; and persons who have a child in common (regardless of prior marriage).
The law specifically requires that the family or household members must have resided together in the same single dwelling unit, unless the individuals have a child in common.
In Florida, domestic violence can be categorized as a domestic “battery” and qualify as a first degree misdemeanor. As such, penalties for domestic battery may include up to one year in jail, twelve months on probation as well as a $1,000 fine. As a domestic crime, there are also additional mandatory penalties such as completion of a 26 week Batterer’s Intervention Program (BIP); five days in jail if there were bodily injuries, community service hours; and the imposition of an injunction or “no contact” order. An acknowledgement of guilt precludes sealing or expunging.