Free Essay Sample on Florida Law on Domestic Abuse

Introduction

Domestic violence can be best defined as felonies and misdemeanor crimes of violence which are committed by a specific group of individuals who are categorized into four. The first category is felonies and misdemeanor crimes of abuse by a former or current spouse while the second category is by those one shares a child with (Kohn, 2016). The third category is by a person one is cohabitating with as a partner or spouse, and lastly by persons who are related to the victim. Going by this broad definition, it is easy to conclude that the state of Florida is looking to ensure that these felonies and misdemeanor crimes of violence are avoided so that the well-being of people can be enhanced. In this paper, interventions by the state government and the federal government are evaluated to showcase the input by these arms of the government to Americans residing in Florida. By evaluating Florida Restraining Orders as a Federal Law, this paper can showcase the measures being undertaken to reduce domestic violence. In addition to this, analysis of the state law that criminalizes assault and battery is another means through which the efforts by the state of Florida can be evaluated.

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Florida Restraining Orders

Most states in the United States that have recorded a high number of cases of domestic violence have adopted Restraining Orders as a legal means through which the rate of domestic violence is being combated. In the state of Florida, Restraining orders have become very common, and they are being used to help in the fight against domestic violence (Stark & Choplin, 2017). The definition that presides a restraining order is that it is an injunction that is issued aimed at protecting people from domestic violence. Therefore, they are captured in court documents, and they play the role of dictating the specific acts that the abuser cannot undertake. In other terms, there are particular acts which the abuser is prevented from partaking, and the aim is to ensure the safety and well-being of the victim (Qureshi, 2017). Examples of aspects that are captured in restraining orders are stopping one from abusing another party and contacting another part of getting close to another individual. In addition to this, restraining orders are also being used in the state of Florida as a means of obligating people to carry out specific acts (Fields, 2019). For example, one can be compelled to leave a home which they are not welcomed as well as being mandated to pay child support. Other rights that can be enjoyed by this law include one being awarded custody of their child (Stark & Choplin, 2017). The operational dynamics of a restraining order is that it has to be obeyed as failure results to arrest. Its overall effects on issues of domestic violence are that it helps to put a distance between the victim and the abuser. It falls under the statute Title XLIII: DOMESTIC RELATIONS 741.30. Under this statute, the issuance of restraining orders is permitted by law. It has proven helpful as it has helped to protect children from the abuser as well as spouses from other partners that pose a threat to their well-being.

Assault and Battery

Both assault and battery have been categorized as criminal offenses in Florida. The relevance of criminalizing these two distinct actions is that it is helping to reduce the onslaught of threats as well as injuries that are exposed to selected individuals. In selected cases, domestic violence can turn out to be very physical, and in doing so, people can get injured. To prevent these extends from being reached; the state of Florida has criminalized assault and battery. Battery, on end, can be defined as the intention to offend and touch another party without their consent (Qureshi, 2017). Thus, there must be intentional touching; it should also be harmful and offensive, in addition to the lack of consent. The helpfulness of the state law is that it is limiting the likelihood of people being intentionally harmed by their spouses, family members, and those who are their partners. On a different note, assault is defined by the state of Florida as the attempt to injure another individual. In other cases, the definition also includes threats as well as behavior that is perceived as threatening (Stark & Choplin, 2017). It falls under the statute Title XLVI: Crimes 784.046.

Conclusion

In conclusion, the state of Florida, through its federal and state laws, is engaging in a series of measures to guarantee the safety of its people. While these measures are not enough in a bid to fight domestic violence, it can be deduced that they are helpful as they are protecting victims. Therefore, those who feel that they are threatened and that they have been exposed to domestic violence should seek these avenues as a means to protect their well-being or that of their loved ones.

References

Fields, S., (2019). Sexual Violence and Future Harm: Lessons From Asylum Law. Utah Law Review, Forthcoming. https://poseidon01.ssrn.com/delivery.php?ID=040088020003014067080068095004122023096031065012091090091112081031084096097081123000002033027047006112028087089121074089092012037094022080065067066089113098116027106025062083007080091075064119080081068097069088075003015096074104103018084075125087119022&EXT=pdf

Kohn, L. S. (2016). The False Promise of Custody in Domestic Violence Protection Orders. DePaul Law Review, 65(3), 1001-1053. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=lgs&AN=121246283&site=eds-live&scope=site

Qureshi, S., (2017). Utilizing Florida's Stance on Domestic Violence Laws Regarding Same-Sex Couples as an Effective Model for National Uniformity. University of Florida Journal of Law & Public Policy, 28(1), 143-165. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=lgs&AN=127306020&site=eds-live&scope=site

Stark, D. P., & Choplin, J., (2017). Seeing the Wrecking Ball in Motion: Ex Parte Protection Orders and the Realities of Domestic Violence. Wisconsin Journal of Law, Gender & Society, 32(1), 13-64. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=lgs&AN=127094155&site=eds-live&scope=site