It's no surprise that disputes between divorced couples can get ugly, especially when children are involved. But what happens when one parent begins making questionable domestic violence allegations? WTSP, a CBS affiliate in Tampa Bay, recently reported on a case where a woman accused her former husband of domestic violence for administering a single spank as punishment to their 14 year old daughter.
Domestic Violence and Florida Law
Domestic violence is a term defined by Florida Statute to include any assault, battery, stalking, kidnapping, false imprisonment or other criminal offense resulting in "physical injury or death of one family or household member by another family or household member." The statute further clarifies that a family or household member includes both current and former spouses along with blood relations, those residing together as a family and parents of a child. All must reside within the same home, with parents of a child presenting the only exception to this rule.
Penalties Associated With Domestic Abuse Charges
Penalties associated with a domestic abuse conviction include mandatory minimum sentences, mandatory fines and a required batterer's intervention program. In addition to official penalties, the social stigma of a domestic violence charge on your record can be devastating. A recent survey conducted by the Florida Department of Corrections found that when police were called to a home, over 86 percent of the population felt an arrest was appropriate based solely on police suspicion. As a result, a charge of domestic abuse should not be taken lightly.
According to WTSP, the 1st District Court of Appeal unanimously reversed an injunction for protection against domestic violence. Ultimately the appeal judges wrote that "this single spank constituted reasonable and non-excessive parental corporal discipline, and, as a matter of law, was not domestic violence."
Allegations of domestic violence can lead to difficulties in both your personal and professional life. As a result, it's important to contact a domestic violence attorney if you are charged with domestic violence crimes.
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