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Alternatively, state laws permit the court to decide on a sentence of probation or community service.Additionally, a state prosecutor can charge a perpetrator of domestic violence with other criminal offenses established by Florida law.In particular, an individual can commit domestic violence against a spouse, ex-spouse, the co-parent of the individual's child, or a relative related to the individual by blood or marriage.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means.
A domestic violence incident charged as a second degree felony can lead to a sentence of imprisonment for up to fifteen years.
If a victim of domestic violence had an injunction or restraining order in place against the defendant, the state may prosecute a violation of the order as a first degree misdemeanor.
Under Florida law, Domestic Violence Battery is defined as any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person, when the person struck is a “family or household member.” Under Section 741.28, Florida Statutes, the term ‘family or household member’ can include the following: The statute specifically requires that the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
The only exception is for persons who have a child in common.