Legal Rights ::: Women's Center

The information on this page will tell you what you can do if you are threatened, assaulted, hit, attacked with a weapon, stalked or have been the victim of an offense that results in an injury. It is a self-help guide. You must be ready to do something for yourself if you want the threats and abuse to stop.

WHAT ARE MY CHOICES?

You can either (1) Stay with your significant other and try to work things out; (2) Separate without taking any court action; or, (3) Separate and obtain a divorce or separate maintenance agreement; (4) Obtain an injunction for protection so that you can be safer and have time to make important decisions about your future.

Sometimes you can stay with your partner and work out your problems with the help of a counselor. You may want to try this before taking other steps if your husband is willing to cooperate and you are safe. Remember, if he is violent, then he needs help. Couples' counseling is not appropriate until he gets the help he needs. In other cases, moving away and getting a divorce or filing for an injunction for protection may be the only answer.

You know your situation better than anyone does. It is advised that if you feel safe, and are not ready to take any of the above actions, you should create a safety plan and begin attending a domestic violence support group to learn more about the dynamics of this relationship and what you can expect to experience in the future. Nothing will change if you do nothing. Some type of intervention is necessary; be it in the form of counseling, moving or court actions.

IS DOMESTIC VIOLENCE A CRIME?

Yes, in Florida a family or household member (which includes, spouses, former spouses, persons related by blood or marriage, persons residing together, persons who have resided together in the past, or persons who have children in common) does not have the legal right to commit crimes of domestic violence against you. There is also protection for dating partners and sexual assault victims.

Domestic violence includes the following acts:

Assault, Aggravated Assault, Battery, Aggravated Battery, Sexual Assault, Sexual Battery, Stalking, Aggravated Stalking, Kidnapping, False Imprisonment or any criminal offense that results in the physical injury or death of one family or household member by another.

If your significant other is hitting, slapping or punching you, or threatening you with a weapon or object, or willfully endangering your life or the lives of your children, you may be a victim of domestic violence.

WHAT ARE MY LEGAL RIGHTS IF I AM A VICTIM OF DOMESTIC VIOLENCE?

There are several things you can legally do. You may seek counseling. You can travel to visit family or friends in another location. You can call the police. You can obtain an injunction for protection from the courts. You can file a police report. You can file for divorce. Whatever you decide to do, be sure to save all evidence that you were a victim of domestic violence, including names and addresses of witnesses.