Orlando Domestic Violence Definition

Domestic Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Family or household member means spouses, former spouses, person 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 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 or have in the past resided together in the same single dwelling unit.

Orlando Domestic Violence Defense Lawyer

If you have been charged with any type of domestic violence in Orlando please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your domestic violence charge dismissed and any bond conditions including no contact and no return modified. Any domestic violence conviction will result in court fees of more than $1,500.00 because any domestic violence conviction requires you to be placed on probation for at least 1 year with no early termination allowed, you must also complete a batterers intervention program which is a 29 week program, pay court costs and if the victim is injured intentionally you must serve at least 10 days in jail. The alleged victim CANNOT drop the charges, only the State can.

Information About Orlando Domestic Violence Charges

There are many different types of domestic violence charges. The most common types of domestic violence charges prosecuted in Orlando are domestic violence battery, domestic violence battery by strangulation, domestic violence aggravated battery, domestic violence assault and domestic violence aggravated assault charges.

Definition Of Domestic Violence

Domestic Violence Battery

The offense of domestic violence battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person. Domestic violence battery is a first-degree misdemeanor punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine. However, if the person who commits the domestic violence battery has one prior conviction for battery, aggravated battery, or felony battery then that person commits a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years of probation and/or a $5,000 fine. Battery on a family or household member as defined above and in Florida Statute section 741.28 is considered domestic violence battery.

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Orlando Domestic Violence Battery

Domestic Violence Battery By Strangulation

A person commits domestic violence battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member as defined above and in Florida Statute section 741.28 or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. Domestic violence battery by strangulation is a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years of probation and/or a $5,000 fine.

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Orlando Domestic Violence Battery By Strangulation

Domestic Violence Aggravated Battery

A person commits domestic violence aggravated battery who, in committing battery intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement or uses a deadly weapon. A weapon is a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. Domestic violence aggravated battery is a second-degree felony punishable by a maximum of 15 years in prison and/or 15 years of probation and/or a $10,000 fine. Domestic violence aggravated Battery on a family or household member as defined above and in Florida Statute section 741.28 is considered domestic violence aggravated battery.

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Orlando Domestic Violence Aggravated Battery

Domestic Violence Assault

Domestic violence assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Domestic violence assault is a second-degree misdemeanor punishable by a maximum of 60 days in jail and/or 6 months probation and/or a $500 fine. Assault on a family or household member as defined above and in Florida Statute section 741.28 is considered domestic violence assault.

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Orlando Domestic Violence Assault

Domestic Violence Aggravated Assault

Domestic violence aggravated assault is an assault with a deadly weapon or with an intent to commit a felony. A weapon is a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. Domestic violence aggravated assault is a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine. Aggravated Assault on a family or household member as defined above and in Florida Statute section 741.28 is considered domestic violence aggravated assault.

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Orlando Domestic Violence Aggravated Assault

Domestic Violence Stalking

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine.

“Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.

“Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.

“Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

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Orlando Domestic Violence Stalking

Domestic Violence Aggravated Stalking

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.

A person who, after an injunction for protection against domestic violence pursuant to Florida Statute. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.

“Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

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Orlando Domestic Violence Aggravated Stalking

Domestic Violence Kidnapping

A person who kidnaps a person is guilty of a felony of the first degree, punishable by imprisonment for a term of years not exceeding life.

The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: (1) Hold for ransom or reward or as a shield or hostage (2) Commit or facilitate commission of any felony (3) Inflict bodily harm upon or to terrorize the victim or another person (4) Interfere with the performance of any governmental or political function.

Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.

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Orlando Domestic Violence Kidnapping

Domestic Violence False Imprisonment

A person who commits the offense of false imprisonment is guilty of a felony of the third degree punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.

The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will. Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian.

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Orlando Domestic Violence False Imprisonment

Violation Of A Domestic Violence Injunction

A person who willfully violates an injunction for protection against domestic violence issued pursuant to Florida Statute 741.30, or a foreign protection order accorded full faith and credit pursuant to Florida Statute 741.315, by:

1. Refusing to vacate the dwelling that the parties share;

2. Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;

3. Committing an act of domestic violence against the petitioner;

4. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;

5. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;

6. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;

7. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or

8. Refusing to surrender firearms or ammunition if ordered to do so by the court

commits a misdemeanor of the first degree, punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine, except a person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine. For purposes of this paragraph, the term “conviction” means a determination of guilt which is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

It is a violation of Florida Statute 790.233, and a misdemeanor of the first degree, punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition.

Whether or not there is a criminal prosecution for a violation of a domestic violence injunction, the court shall order the respondent to attend a batterers’ intervention program if it finds a willful violation of a domestic violence injunction, unless the court makes written factual findings in its judgment or order which are based on substantial evidence, stating why a batterers’ intervention program would be inappropriate.

Any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence may be awarded economic damages for that injury and/or loss by the court issuing the injunction. Damages includes costs and attorneys’ fees for enforcement of the injunction.

It is the intent of the Florida Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this paragraph shall not apply to a state or local officer as defined in Florida Statute 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.

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Orlando Violation Of A Domestic Violence Injunction

Possession Of Firearms And/Or Ammunition Prohibited By Domestic Violence Injunctions

A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, as issued under Florida Statute 741.30 or from committing acts of stalking or cyberstalking, as issued under Florida Statute 784.0485.

A person who violates subsection (1) commits a misdemeanor of the first degree, punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine.

It is the intent of the Florida Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this section does not apply to a state or local officer as defined in Florida Statute 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.

Domestic Violence Child Abuse

If you are arrested for domestic violence charges and the incident that caused your arrest happened in front of your child(ren) often times you will be arrested for an additional charge of domestic violence child abuse. Consequently, normally the Florida Department of Children and Families (DCF) will be notified of the incident. This will normally cause DCF to conduct a separate investigation from the criminal domestic violence case.

A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.

“Child abuse” means:

1. Intentional infliction of physical or mental injury upon a child;

2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or

3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

“Mental injury” means injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability of the child to function within the normal range of performance and behavior as supported by expert testimony.

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Orlando Domestic Violence Child Abuse

Witness Tampering

A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with the intent to cause or induce any person to: withhold testimony; testify untruthfully in an official investigation or an official proceeding; be absent from an official proceeding to which such person has been summoned by legal process; violates Florida Statute section 914.22.

Florida Statute 914.21 Definitions.—As used in Florida Statute 914.22–914.24, the term:

(1) “Bodily injury” means:

(a) A cut, abrasion, bruise, burn, or disfigurement;

(b) Physical pain;

(d) Impairment of the function of a bodily member, organ, or mental faculty; or

(e) Any other injury to the body, no matter how temporary.

(2) “Misleading conduct” means:

(a) Knowingly making a false statement;

(b) Intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact and thereby creating a false impression by such statement;

(c) With intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;

(d) With intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or

(e) Knowingly using a trick, scheme, or device with intent to mislead.

(3) “Official investigation” means any investigation instituted by a law enforcement agency or prosecuting officer of the state or a political subdivision of the state.

(4) “Official proceeding” means:

(a) A proceeding before a judge or court or a grand jury;

(b) A proceeding before the Legislature; or

(5) “Physical force” means physical action against another and includes confinement.

Florida Statute 914.22 Tampering with or harassing a witness, victim, or informant; penalties.—

(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:

(a) Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding;

(b) Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;

(c) Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;

(d) Be absent from an official proceeding to which such person has been summoned by legal process;

(e) Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or

(f) Testify untruthfully in an official investigation or an official proceeding,

commits the crime of tampering with a witness, victim, or informant.

(2) Tampering with a witness, victim, or informant is a:

(a) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor.

(b) Felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony.

(c) Felony of the first degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.

(d) Felony of the first degree, punishable by a term of years not exceeding life or as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony or a first degree felony punishable by a term of years not exceeding life.

(e) Life felony, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a life or capital felony.

(f) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding.

(3) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from:

(a) Attending or testifying in an official proceeding or cooperating in an official investigation;

(b) Reporting to a law enforcement officer or judge the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding;

(d) Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or from assisting in such prosecution or proceeding;

or attempts to do so, commits the crime of harassing a witness, victim, or informant.

(4) Harassing a witness, victim, or informant is a:

(a) Misdemeanor of the first degree, punishable as provided in Florida Statute 775.082 or Florida Statute 775.083, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor.

(b) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony.

(c) Felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.

(d) Felony of the first degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony.

(e) Felony of the first degree, punishable by a term of years not exceeding life or as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the first degree punishable by a term of years not exceeding life or a prosecution of a life or capital felony.

(f) Felony of the third degree, punishable as provided inFlorida Statute. 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding.

(5) For the purposes of this section:

(a) An official proceeding need not be pending or about to be instituted at the time of the offense; and

(b) The testimony or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(6) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance:

(a) That the official proceeding before a judge, court, grand jury, or government agency is before a judge or court of the state, a state or local grand jury, or a state agency; or

(b) That the judge is a judge of the state or that the law enforcement officer is an officer or employee of the state or a person authorized to act for or on behalf of the state or serving the state as an adviser or consultant.

Florida Statute 914.23 Retaliating against a witness, victim, or informant.—A person who knowingly engages in any conduct that causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for:

(1) The attendance of a witness or party at an official proceeding, or for any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(2) Any information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding given by a person to a law enforcement officer; or attempts to do so, is guilty of a criminal offense. If the conduct results in bodily injury, such person is guilty of a felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084. Otherwise, such person is guilty of a felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084.

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