"Domestic violence" is a legal term of art that is often used but seldom understood. Most people just assume that
domestic violence occurs inside of the home or between a husband and wife or boyfriend and girlfriend.
The truth is that the legal definition of domestic violence may encompass a broader - or perhaps narrower - definition than the one you are used to.
It may also draw upon very important distinctions that could designate your charge as being domestic or non-domestic.
Florida law defines "domestic violence" as:
741.28. Domestic violence; definitions
(2) "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.
(3) "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 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.
Section 2 makes sense in the fact that any of those crimes committed in a domestic setting would obviously be a crime of domestic violence.
However, Section 3 is what I really want to touch on. A domestic relationship MUST exist in order for your charge to qualify as a domestic violence charge.
Why does it matter? What's the difference between a domestic and non-domestic crime?
A lot.
If your charge is non-domestic, for instance a misdemeanor battery committed against a stranger, you may be
eligible to seal your record should you enter a plea of no contest or guilty and receive a withhold of adjudication.
Under Florida law, however, even a withhold of adjudication to a misdemeanor or otherwise qualifying offense will not be allowed to be sealed if it is a crime of domestic violence.
So that is why it is important to know how your case should be designated. However, a lot of times, the police and even prosecutors get it wrong. Your case may wind up being considered a crime of domestic violence even when it is not.
For instance, you and your girlfriend have no children together and do not currently live together nor have you ever lived together. You two get into an argument and she accuses you of hitting her. You may be arrested for battery, but it is not a domestic battery. That's because you and your girlfriend do not meet statutory criteria to qualify as a domestic relationship.
However, if you and your girlfriend once lived together but have since moved out and now live separately, any act of violence can still be considered domestic because the statute states, "persons who are presently residing together as if a family or who have resided together in the past as if a family."
That is why ex-boyfriends, ex-girlfriends, ex-husbands, and ex-wives can be charged with domestic violence even though they no longer live with or are even in a relationship with their significant others.
Florida's domestic violence statute applies to heterosexual and homosexual relationships alike.
Domestic violence is a serious issue, and if you are in trouble with the law over domestic charges, representation is strongly recommended.