Frequently Asked Questions about Domestic Violence

Despite efforts of many to curb violence in the home, incidences of domestic violence in Florida are "disturbingly high."  It is estimated that one person dies every 3 days at the hands of a spouse, ex-spouse, or cohabitant.  Domestic violence is a criminal act, NOT a private matter and the courts take it very seriously and so should you.

What is Domestic Violence?

Domestic violence is an type of physical or sexual assault, battery, stalking, kidnapping, false imprisonment or criminal offense resulting in bodily injury or death of one household member by another household member. whether married or co-habitating.

Can a woman be charged with Domestic Violence?

Yes.  The law does not discriminate based on gender or sexual orientation.

What happens when someone calls the police for domestic violence?

• A law enforcement officer will come to the scene to do an investigation
• The law enforcement officer will advise the victim of a domestic violence center where they may receive services.
• An arrest may be made, if the investigation warrants it
• If no arrest is made, a written police report of the incident is kept on file, including the description of the physical injuries, grounds for not making an arrest and a written statement from the victim, whenever possible.

What are the penalties for being found guilty of a domestic violence charge?

• The court may issue an Order of Protection, barring you for all contact with your loved one and/or children
• A minimum 1 year's probation and attendance in a batter's intervention program as a condition of probation (when deemed appropriate).
• A minimum 5 days in the county jail
• Imprisonment
• A permanent criminal record that may bar you from practicing your profession, getting a job, or obtaining housing.
• Paying economic damages for the injury and/or loss

What is an Order of Protection?

If a person in your household has reasonable cause to believe he or she is in imminent danger of physical violence, they can petition the circuit court for an injunction to keep the threatening person away from them and their whereabouts.  Note: no physical violence has to have occurred yet for a person to be granted an Order of Protection, just a reasonable cause to believe it will happen in the immediate future.

What kind of acts qualifies someone to obtain an Order of Protection against me?

• previous acts of domestic violence
• threats to someone's children or family pets
• threats to use a gun or a knife against the petitioner
• physically restraining someone from leaving home or calling the police
• a criminal history of violence or threats of violence
• destroying personal property, including telephones and clothing
• having a past or current Order of Protection from another jurisdiction

If my loved one obtains an Order of Protection, what does that mean for me?

You may

• be immediately restrained from committing any acts of domestic violence
• lose the right to live in your house
• temporarily lose the right to custody or visitation with any minor children
• have to continue to pay for support of any minor children and the petitioner
• be directed to participate in a Batterer's Intervention Program or other treatment
• be directed to comply with any orders of the court designed to protect the victim or any minor children from domestic violence
• be arrested if you violate the order of protection

What is the Batter's Intervention Program?

Because of the serious nature of the crime of domestic violence, state law established a Batter's Intervention Program that is governed by the Department of Children and Family Services.

The goals of the program is to hold those who perpetrate violence responsible for their actions and to ensure the current and future safety for victims of domestic violence. The program is at least 29 weeks in length and includes 24 weekly sessions. The program is psychoeducational and includes content based on the abuse by one person of tactics to gain power and control over another person.  Services may include

• couples' counseling
• mediation
• education - in conflict resolution, anger management, communication, etc.

At Joffe and Joffe, PA, our attorneys have handled dozens of domestic violence cases. The vast majority of those cases did NOT result in a guilty verdict. Call 954-723-0007 today to speak to an experienced domestic violence lawyer.