Definitions of Domestic Violence - Florida

Date:

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. § 741.28

'Domestic violence' means 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.

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. §§ 784.041(2); 784.046

A person commits 'domestic battery by strangulation' if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this State.

'Violence' means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.

'Repeat violence' means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.

'Dating violence' means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.

Persons Included in the Definition

Citation: Ann. Stat. §§ 741.28; 784.046

In civil law: 'Family or household member' means the following:

  • Spouses or former spouses
  • Persons related by blood or marriage
  • Persons who are presently residing together as if a family or who have resided together in the past as if a family
  • Persons who are parents of a child in common regardless of whether they have been married

With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

In criminal law: The existence of a dating relationship shall be determined based on the consideration of the following factors:

  • A dating relationship must have existed within the past 6 months.
  • The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties.
  • The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.