What is Domestic Violence?

Domestic violence is typically considered any way in which a person hurts another person within the home, such as child abuse or spousal abuse. While that definition is generally correct, it’s important to look at the statutes for the true legal meaning of domestic violence within the state of Florida.

This definition is offered within Title XLIII Section 741.28 of the 2016 Florida Statutes: “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.”

The relationship is a critical point to be considered. People often think of the victim in a domestic violence case as a blood relative or spouse. The state law clarifies that the scope of the victim extends to former spouses, people who are related through marriage, people who used to live within the same residence, and co-parents of a child. One necessary feature is that the relationship involves having lived together at some point, except in the case of two parents.

There are many causes for domestic violence, although experts stress that the victim never causes the attack to occur. According to Emory University psychiatrist Toby D. Goldsmith, MD, typical reasons include traits in the attacker such as low self-esteem, anger-regulation problems, deep jealousy, and inferiority.

If you believe that you or a loved one may be experiencing domestic violence, here is where to get help and how to file a restraining order.

It’s also important to consult an experienced attorney at Fulmer Law, P.A. regarding your situation and the next steps you should take.