Florida law recognizes that family and dating relationships can flare into violence and imposes remedies to protect the alleged victims and punish the alleged abusers. However, the law treats domestic violence and dating violence much differently, generally providing stronger remedies for the former than the latter.

The main difference between domestic and dating violence is how they are defined. Domestic violence occurs between family or household members, who may be:

• Present or former spouses
• People related to each other by blood or marriage
• People who presently or previously resided together as if they were a family
• Parents of the same child or children, whether or not they were married

Except for the last of these categories, domestic violence occurs between people who live or have lived together in a single dwelling unit.

Dating violence, by contrast, occurs between individuals who currently have, or previously had, a continuing or significant relationship of a romantic or intimate nature that ended within the past six months.

In both domestic and dating relationships, the prohibited violence includes the crimes of assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, kidnapping or false imprisonment, as well as any other criminal offense that might result in physical injury or death.

Another difference between domestic and dating violence is in the remedies available. Domestic battery is itself a crime, punishable by a year of probation and — if it involves the intentional infliction of physical harm — it may result in jail time. Dating violence is not itself a crime, although the abuser may be convicted of one of the underlying crimes.

An alleged victim of either domestic violence or dating violence may petition for an injunction against their alleged abuser (known as the respondent). The court may enjoin the violence as well as ordering any other relief necessary to protect the alleged victim. An injunction against domestic violence may include several remedies not available in the case of dating violence, including one or more of the following:

• Awarding exclusive use of the marital home to the petitioner
• Awarding custody of children, pets or both to the petitioner
• Awarding temporary support for the petitioner’s children
• Ordering the respondent to receive treatment, intervention or counseling
• Referring the petitioner to a certified domestic violence center

These additional remedies are intended to allow the judge to take into account the need to change the relationship between the parties.

If you’re the respondent, not only can the injunction itself make your life difficult, but violating it is a crime and, in some cases, a felony. If you’re the respondent in a proceeding to enjoin you from alleged domestic or dating violence, you need a determined domestic violence defense attorney to represent you.

The Law Offices of Tad A. Yates, P.A. in Orlando is ready to help you whether you are accused of domestic or dating violence in Florida. Call 407-608-7777 or contact us online for a free consultation.