State Laws on Domestic Abuse

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1 State Laws on Domestic Abuse Student’s Name Institutional Affiliation Course Name and Number Instructor’s Name Due Date

2 State Laws on Domestic Abuse Several states have implemented criminal law and family law laws to prevent and prosecute domestic violence ( Gearhart et al., 2018) . Florida's civil and criminal court systems provide legal recourse to domestic violence. According to Florida laws, individuals may petition the state's family courts for protection orders and injunctions. Still, domestic violence laws in Florida are found in Statutes 741.28-741.31 and 784.046. In Florida, the minimum jail time for domestic violence is five days. The court may sentence a guilty offender to serve in a Florida state prison. According to the state's laws, the court can impose conditions such as probation or community service ( Houseman & Semien, 2018) . A state prosecutor in Florida has the authority to seek further criminal charges against a person who has been accused of committing an act of domestic abuse. Notably, abuse that occurs inside the confines of a person's own home may result in charges of either a third-degree felony or a second-degree misdemeanor ( Gearhart et al., 2018) . The maximum period of jail that may be imposed for a conviction of a felony of the third degree is five years, in contrast to the range of penalties that can be imposed for a misdemeanor offense, which can be anywhere from sixty days to one year. Effects of Florida State Laws on Domestic Violence According to Florida Statutes Section 741.28, a person who is convicted of an act of domestic violence in the state of Florida does not have the legal right to have their record wiped or sealed, regardless of whether or not the adjudication process is delayed ( Houseman & Semien, 2018) . A conviction for domestic abuse often remains on individuals' records indefinitely if they plead guilty. Victims of dating violence in Florida have additional legal protections. Dating violence refers to a situation where two or more persons now in or formerly in a committed

3 romantic or intimate relationship conduct acts of violence against one another. In the state of Florida, victims have the option of filing a criminal complaint or seeking injunctive remedy in addition to or without doing so ( Wilson et al., 2021) . An important thing to note is that a victim who needs protection from an abuser may ask the court for an injunction to protect them. Domestic violence may have a significant effect on child custody and visitation arrangements. Florida courts seek the child's best interests while making custody decisions ( Houseman & Semien, 2018) . Florida's family law recommends both parents be involved in their children's upbringing equally, but the court may award exclusive legal custody if one parent poses a danger to the child. In Florida, a couple's marital assets must be divided equitably, which does not always mean equality. Even though domestic violence may not directly influence how property is split between spouses, judges may consider any secondary impacts, such as physical or psychological trauma, financial losses, and impaired earning capacity ( Gearhart et al., 2018) . Domestic violence throughout the marriage increases the likelihood of complications during the divorce process and highlights the need to consult an Orlando divorce attorney. Documented Cases under the Scope of Florida State Laws In Brown v. State, 21 So. 3d 108 (Fla. 4th DCA 2009), the defendant was charged with aggravated domestic violence and domestic aggravated assault with a deadly weapon ( Wilson et al., 2021) . It was revealed that the count had factual and legal references about the defendant's severe aggression in the presence of a child. Also, the district court considered the defendant's arguments in Mathew v. State, 837 So. 2d 1167 (Fla. 4th DCA 2003), including his claims that the trial court was not impartial and took an active role in the proceedings, denying him a fair trial, and the domestic violence multiplier was improperly applied to his sentence in the absence

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4 of a jury finding ( Wilson et al., 2021) . Although the trial judge's comments were incorrect, the court found no major problems with them and affirmed the conviction. The district court in Rolle v. State, 835 So. 2d 1258 (Fla. 4th DCA 2003), maintained the conviction but found that the trial court had made a mistake by increasing the defendant's sentence by a domestic violence multiplier when the children were not present during the attack ( Wilson et al., 2021) . The appellant in Sando v. State, 972 So. 2d 271 (Fla. 4th DCA 2008), was given a six-month jail term for violating a purging provision in her permanent domestic violence injunction, which mandated that she complete a domestic violence program lasting sixty days. Conclusion The state of Florida investigates and prosecutes the vast majority of reported incidents of domestic violence. However, in certain cases, federal prosecutors often pursue domestic violence charges in Florida. Sentences for domestic violence convictions in Florida may be quite harsh to the perpetrators. Individuals may be subject to an injunction that affects parental rights and how joint property is handled if there are claims of domestic violence. Under family law, a person who has been the victim of domestic violence has the right to petition the court to impose a formal order that requires the abuser to keep a safe distance from the victim. Even though the effects of domestic violence may negative among adults, it can be more devastating when they are witnessed by children.

5 References Gearhart, S., Perez-Patron, M., Hammond, T. A., Goldberg, D. W., Klein, A., & Horney, J. A. (2018). The impact of natural disasters on domestic violence: An analysis of reports of simple assault in Florida (1999–2007). Violence and Gender , 5 (2), 87-92. https://doi.org/10.1089/vio.2017.0077 Houseman, B., & Semien, G. (2018). Florida domestic violence. Europe PMC . https://europepmc.org/article/NBK/nbk493194 Wilson, D. B., Feder, L., & Olaghere, A. (2021). Court‐mandated interventions for individuals convicted of domestic violence: An updated Campbell systematic review. Campbell Systematic Reviews , 17 (1), e1151. https://doi.org/10.1002/cl2.1151

State Laws on Domestic Abuse

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