Domestic Violence-what Is It?

Most people think about violence as a physical act that cause someone harm, and typically understand that domestic violence is physical violence between two spouses or two people living in the same household. While physical violence is the most obvious type of violence, people can also suffer from verbal and emotional abuse.

Verbal abuse consists of yelling, screaming, criticizing, name-calling and making threats. It can also be gaslighting. These forms of abuse may not be as apparent as physical violence; however, they still may cause lasting harm to the victim.

Definition of Domestic Violence:

In Florida, Domestic violence is defined in Florida Statute 741.28 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 injuries or the death of a  family or household member by another family or household member.”

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 persons who are parents of a child sin 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 be currently residing or have in the past resided together in the same single dwelling unit.

Domestic violence can be both a criminal offense and a civil offense. Criminally, it would be the state attorney’s office that would charge your spouse or partner with a criminal offense. If you are the victim of domestic violence and wish to secure an injunction or restraining order against your spouse, partner or family member, the attorneys at Quinn & Lynch, P.A. have the skills to assist you with filing a Petition for injunction for protection against domestic violence.