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Under Florida law, domestic violence charges can be brought in many different situations against anybody who lives with someone else. So do fathers and sons, brothers and sisters, girlfriends and boyfriends, and even roommates.All it takes is for an argument to get out of hand!Florida Law defines family members as 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 family, and persons 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 be currently residing together in the same dwelling unit.When the police arrive, they are ready to make an arrest.Because the police are responding to word of mouth, witnesses' opinions and evidence found on the scene, they don't always make the right call.Repeat violence: "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.Relief may include enjoining the respondent from committing any acts of violence or ordering such other relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies, as provided in this section.
At that hearing, the judge will determine whether or not to keep, extend indefinitely, modify or cancel the injunction.
We often hear our clients say that a loved one doesn't deserve the charges against him or her but he/she may just need some counseling (at most), not a criminal record.
We understand what you're going through, and there is hope. If you were arrested for domestic violence battery, and the charges are reduced or dropped, Florida law allows a one-time option to have your criminal record sealed or expunged.
National action groups and tabloid media programs have put domestic violence cases in the spotlight and caused these real-life conflicts to be taken very seriously.
Legislatures have responded to this heightened exposure with strengthened laws intended to punish and deter domestic violence.However, if you are convicted of domestic violence, you will most likely be forbidden from getting the arrest and charge off your record/criminal history.