Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, threats, and emotional abuse. Domestic violence is violence occurring at the hands of people known to the victim, such as partners, spouses, ex-spouses, parents, children, boyfriends and girlfriends. An experienced criminal defense attorney can help with next actions involving domestic abuse allegations.
Widespread domestic violence.
The harsh reality is that domestic violence affects millions of Americans despite efforts against it, including the issuance of domestic violence protective orders which may be issued if a family/household member commits one of the following acts of violence against another family/household member:
Protective order not enough.
A protective order is a legal injunction or official document issued by the court to protect someone from future violence by ordering the abuser to stay away from and not contact the victim who requested the order. Florida has four different types of protective orders that include domestic, repeat, dating and sexual. Domestic violence protective orders intend to protect victims who have a specific, often intimate relationship with the abuser. Abusers can include:
Current or former spouse;
Impact of domestic violence.
Women in Florida have experienced intimate partner dating violence approximately 34.2% while men have experienced it 24.6% of the time. Guns were used in 56% of domestic violence homicides in Florida from 2006-2012, so it would be wise to have some other means of protecting victims than a protective order, such as stricter laws that limit the possession of guns after a domestic violence allegation or court action revealing facts supporting abuse. Abusers’ access to firearms increases the risk of intimate partner femicide at least five-fold and 72% of all murder-suicides involved an intimate partner where 94% of the victims of these crimes were female.
There are domestic-violence related firearms laws in Florida that prohibit respondents to final protective orders from owning firearms and courts may require said persons to surrender their firearms. Although respondents to final protective orders are not statutorily prohibited from owning firearms, Florida law authorizes the judge issuing a temporary protective order to order whatever relief (s)he deems necessary to protect the victim/survivor.
Florida could strengthen its firearms laws to protect victims and survivors by:
Seek legal counsel.
If you have been unjustly accused of domestic violence and have had to surrender your firearms because of a false allegation, contact the Law Offices of Gabriela C. Novo for a consultation to see what legal remedies are available to you.
Gabriela C. Novo, P.A.
Attorney at Law
200 S.E. 6th Street
Ft. Lauderdale, FL 33301
Office: (954) 822-5198
Cell: (954) 822-5198
Fax: (954) 208-0278