Domestic Violence - Definitions

What is Domestic Violence?

Domestic violence is any type of physical or sexual assault, battery, stalking, kidnapping, false imprisonment, reckless endangerment, or other criminal offense resulting in bodily injury or death of one household member by another household member. whether married or cohabitating.  Both men and women can be charged with domestic violence.

Who is considered a "family or household member"?

According to the Florida laws governing domestic violence, ""family or household member - means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and person who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must currently residing or have in the past resided together in the same single dwelling unit."  Though unstated specifically in the law, cohabitating same sex couples can be considered "family or household members."

What is an Order of Protection or Restraining Order?

An Order of Protection is a legally enforceable document designed to prevent contact between an aggressor and their intended victim.

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 is "marital rape" and why is it included here?

Until 1976, marital rape was legal in every state in the United States. Although marital rape is now a crime in all 50 states in the U.S., some states still don't consider it as serious as other forms of rape.  Florida is one of only 17 states and the District of Columbia that make no distinction in the law between marital rape and stranger rape.

"Marital rape can be defined as any unwanted intercourse or penetration (vaginal, anal or oral) obtained by force, threat of force, or WHEN THE WIFE IS UNABLE TO CONSENT [mentally and/or physically incapacitated] (Bergen, 1996; Pagelow, 1984; Russell, 1990)." - from http://www.salem-news.com/articles/november282007/coral_thiell_1_112807.php

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.