What Is the Difference Between Civil and Criminal Domestic Violence?
Domestic violence cases can fall into one of two categories: civil and criminal. The proceedings and complexities of each of these categories are affected by the case type being tried.
With a strong track record in handling domestic violence cases, your Tampa domestic violence defense lawyer with The Rickman Law Firm has the knowledge to navigate your case with confidence and meticulous strategy.
Civil Domestic Violence
Civil domestic violence proceedings are primarily aimed at providing protection and relief for the victim rather than punishing the defendant. Unlike criminal cases, civil cases are initiated by the victim and do not result in criminal penalties for the accused.
Victims can petition for an injunction for protection against domestic violence. This legal order can mandate the abuser to stay away from the victim, vacate a shared residence, and cease any form of contact. In civil cases, the burden of proof is “preponderance of the evidence,” which is a lower standard than the “beyond a reasonable doubt” requirement in criminal cases. This means the victim must show that it is more likely than not that domestic violence occurred.
A protective injunction can provide various forms of relief, including temporary child custody, child support, and spousal support. Violating an injunction can result in civil contempt of court and additional criminal charges. Victims of domestic violence can also file civil lawsuits for damages resulting from the abuse, such as medical expenses, pain and suffering, and lost wages.
Criminal Domestic Violence
Criminal domestic violence involves actions that constitute criminal offenses under Florida law. These offenses are prosecuted by the state and can result in significant penalties, including imprisonment, fines, and a permanent criminal record. The alleged victims do not have the authority to drop charges once filed.
Domestic violence includes actions such as assault, battery, sexual assault, stalking, kidnapping, and false imprisonment, committed by one family or household member against another. Depending on the severity of the offense and the defendant’s prior criminal history, penalties can range from misdemeanor charges, carrying up to one year in jail, to felony charges, which can result in several years of imprisonment.
For example, aggravated battery is a second-degree felony, punishable by up to 15 years in prison. During legal proceedings, your domestic violence defense attorney in Tampa with The Rickman Law Firm will work to potentially reduce your charge or have it dismissed.
Get the Quality Representation You Deserve
Regardless of whether you are involved in a civil or criminal domestic violence case, seeking legal representation is critical. A qualified domestic violence defense attorney in Tampa with The Rickman Law Firm can work toward securing the most favorable outcome possible for your case.
For a free case consultation with our expert domestic violence defense lawyers in Tampa, contact our office at (813) 370-1185 or fill out the consultation form on our website 24 hours a day, 7 days a week.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.