Thursday, November 7, 2013

Domestic Violence Needs To Be Reported

Domestic Violence Can Be Physical, Emotional or Psychological

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Domestic violence is on the decline or at least the reports of it are on the decline. Often times domestic violence goes unreported due to the victim feeling shame, fear or repercussions from the safety of the victim. See the article below for more information.  When most people think about spousal abuse, they think of physical violence. However, the Prevention of Domestic Violence Act reflects a number of emotional, psychological, and physical actions as domestic violence. Often times a restraining order is necessary. 

At the Law Offices Of Eric A. Kay in Miami they are committed to the protection of domestic violence victims, including restraining orders.  They specialize in family law and criminal law allowing them to effectively deal with domestic violence. As tragic as domestic violence is there is a flip side to the issue.  That is those who are falsely accusing others of this crime.  As an abuser needs to be help accountable for their crime so does a false accuser.  These false accusations can wreak havoc on the lives of the innocent. If you have been accused of domestic violence or are a victim of it contact the Law Offices Of  Eric A. Kay in the Miami/Fort Lauderdale area at (954) 330-8994 in Miami or (954) 764-7373 in Fort Lauderdale.  abuser. Florida Domestic Violence laws are designed for the

Florida Domestic Violence Laws

In passing the Florida domestic violence laws, the Florida legislature included an explicit statement about the role of the courts. It said that the safety of the victim, the victim's children and any other person who may be in danger should be the first priority and that caution should be exercised inleasing defendants (see Florida Statutes, 902).     

  1. Definitions

    • Under Florida law, domestic violence means assault, battery, sexual assault, stalking, kidnapping, false imprisonment or any criminal infliction of physical injury or death on a person by a family or household member. Household members must currently or have formerly lived together, and family includes spouses, former spouses and any other relation by blood or marriage.

    Minimum Sentence

    • Anyone convicted of a crime that constitutes domestic violence must serve a minimum of five days in county jail if they intentionally caused bodily harm. This sentence requirement is waived if the convict is sentenced to a prison term in a state correctional facility. In addition to the five days, courts can include a longer jail sentence, a probationary period and community service. 

    Restraining Order

    • Anyone who is a victim of domestic abuse, or believes he or she is in imminent danger of becoming a victim of domestic abuse, can file for an injunction of protection, which is Florida's version of a restraining order. The fact that a victim or potential victim leaves a household to avoid domestic violence has no effect on his or her standing to receive an injunction of protection. Neither does a pending divorce or any other court proceeding preclude filing for protection, except that the pending action must be cited in the injunction petition. The injunction of protection prohibits the restrained party from coming within 500 feet of the victim's residence, school, place of employment or other specified location.

    Violation of Injunction

    • Violation of an injunction of protection is a misdemeanor in the first degree. Under Florida law, this is punishable by up to a year in prison. However, to establish a violation, the victim must contact local law enforcement or the clerk of court that issued the injunction. The police must complete an investigation within 20 days. If the court is aware of frequent violations of the injunction, it may also find the restrained party in criminal contempt of court.

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