Can You Face Domestic Violence Charges in Punta Gorda for Hurting Your Pet?

Many people consider their pets to be legitimate family members. Under Florida law, you may face domestic violence charges for harming or threatening a family member. So does this mean you could face charges of domestic violence in Punta Gorda for harming your pet? Could something as simple as kicking the family dog lead to legal consequences? This is something you might want to explore with an experienced  criminal defense attorney.

A Pet Is Not a “Household Member” Under Florida’s Domestic Violence Laws

Florida’s domestic violence laws state that if you assault, kidnap, falsely imprison, or threaten a family or household member, you could face criminal charges. Under this statute, a pet does not qualify as a family or household member. Only those related to you by blood or marriage fall into this category, as well as anyone you’re living with in the same way as a family, regardless of connection by marriage.

With that said, violence against an animal could be construed as a threat against a family member. For example, your family member might argue that you harmed the pet in order to “send a message.” Someone might claim that when you hurt the animal, the implication was that “they were next.” Although these allegations could be explored by criminal courts, prosecutors must prove your guilt beyond a reasonable doubt.

Violence Against Pets Could Lead to Domestic Violence Injunctions

You should also know that if your family member can prove that you committed violence against a household pet, it may be easier for them to pursue a domestic violence injunction. When petitioning for a domestic violence injunction, your family member may claim that you have hurt or abused a pet in your household. The court may consider these allegations when considering whether the respondent (you) may commit domestic violence against the petitioner in the future.

Florida Has Strong Animal Cruelty Laws

Aside from domestic violence charges, you might also face charges for animal cruelty. Florida has relatively strong animal cruelty laws, and courts may prosecute this offense as a third-degree felony. Repeated offenses can lead to mandatory minimum prison sentences of six months. If prosecutors establish that you have committed multiple acts of animal abuse, you could face multiple counts of animal abuse. This is a more serious crime than many people in Florida, and it is worth contacting a defense attorney to plan a response strategy.

Contact an Experienced Criminal Defense Attorney in Punta Gorda 

An experienced criminal defense attorney in Punta Gorda may be able to help with domestic violence charges. Although a pet is not listed as a “family or household member” under Florida’s domestic violence statute, harming an animal could lead to various legal consequences for defendants. It makes sense to push back against the allegations, and an experienced attorney may be able to help with this. Contact The Foley & Wilson Law Firm for more information.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html

flcourts.gov/content/download/634468/file/Animals%20and%20Interpersonal%20Violence.pdf

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0828/Sections/0828.12.html