Can Domestic Violence Be “Non-Violent” in Fort Myers?

When one hears the term “domestic violence,” they typically picture physical altercations. After all, the clue is in the phrase. It is difficult to imagine domestic violence incidents that are non-violent. However, you could potentially face criminal charges for domestic violence in Fort Myers without ever laying a hand on anyone else. How is this possible? To learn more, consider speaking with a criminal defense attorney in Fort Myers.

The Definition of “Domestic Violence” Varies Depending on Who You Ask 

The true definition of “domestic violence” in Florida is somewhat elusive. Perhaps the most important thing to understand is the distinction between “civil” domestic violence and criminal domestic violence. The former may include a wide range of misconduct, while the latter is more specifically defined. Allegations of civil domestic violence might arise during divorces, child custody disputes, and injunctions (restraining orders).

The Florida Department of Children and Families (DCF) states that “dating violence” might include all kinds of completely non-violent acts. These include “threatening to break up with someone if they don’t have sex” and “teasing.” According to the DCF, examples of verbal dating violence include name-calling and spreading rumors.

You Could Face Domestic Violence Charges for Threatening Behavior

In terms of the actual criminal offense of domestic violence, one of the most obvious “non-violent” forms of this crime is a threat. In Florida, this is classified as “assault.” You might face this charge if you threaten a household member (such as spouse) without actually touching or harming. Even punching a wall in frustration could potentially be classified as assault in Florida. As long as the alleged victim fears for their safety, this could lead to criminal charges.

Stalking Can Also Lead to Domestic Violence Charges

You might also face charges of domestic violence for stalking a family or household member. For example, your ex might break up with you and move out of your house. If you follow them in your vehicle, this could be classified as “stalking,” even if you were merely trying to catch up with them in order to have a conversation. You might also face domestic violence charges for cyberstalking.

False Imprisonment Can Lead to Domestic Violence Charges 

False imprisonment is another example of a potentially non-violent offense that could lead to domestic violence charges. Merely blocking a doorway when a household member tries to leave could fall into this category.

Can a Fort Myers Defense Attorney Help With Domestic Violence Charges?

Domestic violence charges in Fort Myers can be quite serious. If you face these charges, you should know that it is theoretically possible to face legal penalties even if you never came into physical contact with the alleged victim(s). Consider contacting an attorney to learn more about your potential consequences. The Foley & Wilson Law Firm can help, so contact us today to get started with a defense strategy.

Sources:

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

myflfamilies.com/services/abuse/domestic-violence/get-help/what-domestic-violence#:~:text=Physical%20violence%3A%20throwing%20objects%2C%20punching,their%20value%20or%20self%2Dworth.