Domestic Violence in Florida: Key Elements
In Florida, domestic violence involves two essential components: an act—whether it’s an overt action or simply a threat—and a familial relationship between the parties involved.
What Constitutes Domestic Violence?
Many actions, even those that aren’t overtly violent, can qualify as domestic violence under Florida law. The state considers these following actions as actions of domestic violence:
Relationships Covered Under Domestic Violence Laws
In Florida, “domestic violence” is legally defined as any act of assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense that causes physical injury or death to one family or household member by another. To be specific, these following relationships are covered under the domestic violence statute:
- Current or former spouses
- Blood relatives
- Individuals living together as a family or who have done so in the past
- Individuals who share a child, regardless of marital status
How to Obtain a Restraining Order
A restraining order is a legally enforceable document that requires one party to maintain a certain physical distance from the other party. Victims of domestic violence, or those who fear imminent harm, can request a restraining order from the court. This order can provide victims with the assurance and peace-of-mind that the law is on their side for their physical protection.
In family court, the person seeking a restraining order must usually prove to a judge that domestic violence has occurred or is likely to occur before a permanent restraining order is granted. Nevertheless, temporary restraining orders can be awarded without a hearing, based solely on the petitioner’s sworn statements, making them much easier to obtain and execute. These temporary orders are typically valid for 15 days and can be extended if necessary.
