Domestic Violence / Dating Violence

Domestic Violence

Under the provisions of Section 741.28 of the Florida Statutes, 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.

A family or household members are spouses, 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, and 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.

Domestic violence includes:

• Physical Abuse-Pushing, slapping, kicking, punching, choking, and beating
• Emotional/Verbal Abuse- verbal intimidation, credible threats, following and stalking, acting out in anger.
• Sexual Abuse or Battery unwanted touching or forcing of someone to engage in a sexual act against his or her will.

Sexual Violence

Under the provisions of Section 784.046 of the Florida Statutes, sexual violence is one incident of:

• Sexual battery, as defined in chapter 794
• A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age
• Luring or enticing a child, as described in chapter 787
• Sexual performance by a child, as described in chapter 827
• Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the State Attorney

Dating Violence

Under the provisions of Section 784.046 of the Florida Statutes, dating violence is violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a 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.