What is Considered Domestic Violence in Florida?

Domestic violence is a criminal offense from one family or household member to another, resulting in physical injury or death. Suppose you are experiencing domestic violence in your household in Miami. In that case, you need to call a domestic violence attorney in Miami to help first file a restraining order against the perpetrator. Of course, if you do not feel safe in your household, you can always call 911 if it is an emergency, which most domestic violence cases are. 

But, how do you know if you have a case? What criminal offenses qualify as domestic violence?

We are here to give you the details. 

Types of Domestic Violence in Florida

1. Assault or Battery

Assault and battery usually go hand in hand. Assault is the attempt to injure someone, and battery is the act of hurting someone. Since assault is the intention to harm someone and battery is when someone injures someone, battery usually follows assault. But, they do not have to accompany each other and can be two totally different charges. If someone threatens someone and does not follow through with it, this is still considered assault. Plus, the battery does not have to be preceded by a threat. In assault cases, the victim must feel like their safety is threatened. And, in battery, there must be intentional touching that is harmful, offensive, and non-consensual. 

Aggravated assault and aggravated battery are more severe versions of those crimes. With aggravated assault, the person uses a deadly weapon to harm or assault someone, which is a felony crime. In aggravated battery, the physical harm must involve a deadly weapon, the battering of a pregnant woman, or serious bodily injury.

2. Sexual Assualt and Battery

Sexual battery is when someone forces a victim to have sexual intercourse with them against their will. In some states, rape and sexual battery are different crimes, but they are the same charge in Florida. This charge can also be filed if the victim is unconscious at the time of the act or is mentally incapacitated and therefore cannot consent. Sexual assault is when a person makes unwanted sexual contact with another person. Sexual assault does not have to be sexual intercourse; it can include other forms of sexual contact, like oral sex.

3. Aggravated Stalking

Aggravated stalking is a third-degree felony offense in Florida. When someone follows, harasses, or cyberstalks someone in a repetitious, malicious, or willful way to threaten or harm the victim, this is considered aggravated stalking and a form of domestic violence. If you or someone you know is experiencing aggravated stalking, this is a serious crime and should be reported to the police, especially in the case of an adult to a minor. 

These types of criminal acts should not be tolerated. Therefore, it is essential to contact an experienced and professional lawyer to help you fight against these wrongdoings. If you are experiencing these acts, take precautions for your safety, including getting the local authorities involved.