Domestic violence is any assault resulting in physical injury or death of a family or household member by another family or household member. If you are currently a victim of domestic violence, call the Domestic Violence Hotline: 1-800-500-1119 for help.
In the state of Florida, for an assault to be considered domestic violence both parties must reside, or have resided, in the same household at some point.
Family or Household Member
For a person to be considered a family or household member in domestic violence cases, they need to be one of the following:
- a current or former spouse;
- related by blood or marriage;
- currently or formerly residing together as a family (or roommate); or
- parents who have a child (or children) in common.
If you are dating a person but have never lived in the same residence as them, you can still press assault charges. A domestic violence attorney can help you obtain a restraining or protective order to immediately help you out of the situation.
One of the first things you should do when you are seeking help from a domestic violence situation is to get a protective order. An attorney can speed up the process so you won’t have to live in fear of your aggressor for long.
There are a few protective orders you can obtain against your aggressor, these include:
- Emergency Protective Orders: this order is generally given to the victim by the responding police officer. It will only last 3 to 7 days, during which time the victim can work on seeking a more permanent order from a court of law.
- No Contact Provision: prohibits the aggressor from calling, texting, emailing, stalking, attacking, or disturbing the victim and the victim’s household members.
- Peaceful Contact Provision: permits the aggressor to peacefully communicate with the victim for select reasons only (like caring and transferring a child for visitation).
- Stay-Away Provision: orders the aggressor to stay at least a certain distance away from the victim, their home, their job, their school, etc.
- Move-Out Provision: requires the aggressor to move out of a shared home with the victim.
- Firearms Provision: requires the aggressor to surrender and/or purchase guns.
- Counseling Provision: orders the aggressor to attend counseling.
- Restraining Order: requires the aggressor to not do certain things pertaining to the victim.
If the aggressor violates any of the above-mentioned protective orders, they could be charged with a crime and even sent to jail.
The Law Office of Russell S. Hershkowitz, LLC Can Help
If you are the victim of domestic violence, reach out to our firm as soon as possible. We can offer you quick and lasting solutions so you can remove yourself from this situation and live your life without fear.
Call our firm at (407) 753-4111 or contact us online.