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Florida State Domestic Abuse Laws

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    Initial Steps

    • If the responding law enforcement officer determines a suspect committed domestic violence, he can arrest him without the victim's consent.

      Officers forward a copy of the report to the nearest certified domestic violence center within 24 hours after the incident. The officer can withhold items that are part of the open investigation, such as witness statements and photographs. However, a narrative description of the incident is necessary.

      As part of the investigation, the prosecutor investigates the defendant's criminal history and presents it at the first appearance to influence bond.

    Child Custody

    • In custody and visitation procedures, the court incorporates the restraining order's sworn petition and orders support from the accused until a full hearing.

      If, during the hearing, the judge finds the abused has a reasonable belief she is in "imminent danger," he extends the protection order.

      Visitation rights are determined by the judge.

      He can order treatment, batterers' intervention or counseling at the batterer's expense.

    Injunction Violation

    • If an accused willfully violates the protection order by refusing to leave the home, injuring or threatening the victim or vandalizing the victim's property, she will be charged with an additional first degree misdemeanor. Other violations knowingly traveling within 500 feet of the victim's home, school, workplace or other specified locations named in the protection orders; within 100 feet of the victim's vehicle; and communication attempts.

    Punishment

    • An individual found guilty of domestic violence in Florida is sentenced to a minimum of five days in jail, probation or community control. A judge also has the authority to incarcerate her to a state prison or add extra jail time.

      When an abuser has been given probation or violates a protection order, the judge can order her to attend a certified batterer's intervention program. Failure to attend the program constitutes a probation violation.

      If an accused is caught with a weapon, the charge is a misdemeanor of the first degree.

      When a protection order is violated and the victim is injured, damages will be assessed to the abuser.

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