Reports of Domestic Violence Increase as Economy Worsens

A new report released by the Florida Coalition Against Domestic Violence shows that allegations of domestic violence in the state have been steadily climbing. According to the report, there has been a nearly 40 percent increase in demand for services from the state’s domestic violence centers as of last fall. The Secretary of the Department of Children and Families, George Sheldon, also reported that the situation in Florida is the worst he has seen in years.

The current economic recession has been cited as the principal reason for the increase in domestic violence reports. While national experts are quick to caution that a poor economy does not create domestic violence, it may make extremely acrimonious relationships even more hostile.

Why? There are several reasons. First, with high unemployment rates and routine lay-offs, couples spend more time together at home, increasing the opportunity for conflict. Second, money troubles add more stress to all relationships. Money also is an issue over which both parties frequently try to assert control. When neither person has control over finances because of job loss or wage cuts, more physical types of control may replace it. Third,  parties who otherwise would have gone their separate ways, may have no way out in an economy with little employment opportunities.

Florida is not the only state to experience an escalation in reports of domestic violence. Nationally, many states are reporting the same trend, which they also have attributed to continuing economic difficulties.

Florida Domestic Violence Laws

In Florida, domestic violence includes any of the following crimes committed against a family or household member (FSA §741.28):

• Assault, aggravated assault
• Battery, aggravated battery
• Sexual assault
• Sexual battery
• Stalking, aggravated stalking
• Kidnapping
• False imprisonment
• Any other crime resulting in physical injury or death

Family and household members include:

• Spouses and former spouses
• People related by blood or marriage
• People who currently live together or have lived together within the past six months as a family
• People who share a child together, regardless of marriage status

What Can Happen Under Florida Law?

Those who allege an act of domestic violence or a fear of imminent domestic violence can petition the court for aninjunction (also referred to as a “protection order” or “temporary restraining order” in other states) against the person named in the petition (the respondent).

If the court decides to grant the injunction, the court can include any terms in the injunction that it believes are necessary to protect the alleged victim. Some of these terms may include:

• Prohibiting the respondent from committing any domestic violence acts
• Giving the petitioner the exclusive use and possession of the home, apartment or other dwelling shared with the respondent
• Prohibiting the respondent from going within 500 feet of  the victim’s home, place of work or school
• Issuing a no-contact order preventing the respondent from having any in-person, telephone, e-mail or other type of communication with the victim
• Awarding temporary custody of minor children to the victim
• Awarding temporary child support or spousal support to the victim
• Ordering the respondent to attend a domestic violence counseling and treatment program

The state of Florida also recognizes injunctions that have been granted in other states. To enforce an out-of-state domestic violence order in Florida, a certified copy of the order needs to be filed with the local sheriff’s office in the jurisdiction where the petitioner lives.

If the respondent violates the terms of the injunction, he or she may be arrested and charged with a first-degree misdemeanor, which carries up to a one-year jail sentence.

Alleged victims of domestic violence also can request that criminal charges be brought against the other party. However, the final decision of whether it is appropriate to file criminal charges is made by the State Attorney’s Office.

In some cases, the State Attorney’s Office also may decide to file criminal charges in a domestic violence case even if the alleged victim requests charges are not brought or refuses to cooperate.

The effect of a finding of guilty to a crime involving domestic violence can be devastating to one’s future.  If someone is found guilty or enters a plea of guilty or no contest to a domestic violence crime, then that person will never be eligible to get that criminal record expunged or sealed.

Conclusion

Those accused of domestic violence have rights and options. A criminal defense attorney experienced in handling domestic violence cases can help the accused understand their legal options and protect their rights.