Introduction

The purpose of this booklet is to provide information about domestic violence. For many citizens this information can be used as a tool to help them better understand the dynamics of domestic violence. The intent of this booklet is to help them learn what their options are, what legal remedies they have, and what services are available to them.

Domestic Violence is a pattern of controlling behavior by one person who has or has had a personal, intimate or family relationship with another person. This may be a spouse, an ex-spouse, a live-in partner, or someone with whom you have had a child. Domestic Violence may include making threats to you, slapping, choking or pushing, holding you down, kicking, forcing or pressuring you to have sex when you don't want to, or any other type of unwanted touching. Rape is often a form of violence used in intimate relationships. If any of these things have happened to you, you may have feelings of helplessness, fear, shame, guilt and anger. You may blame yourself for all the things that are happening and feel responsible for what happens to your abuser. There may be other problems in your home such as lack of money and a concern for children or other family members that make it hard to leave an abusive relationship.

If you are a victim of Domestic Violence, please seek help. There are people in your community who care about you and want you to be safe.

NO ONE DESERVES TO BE ABUSED!

Legal Definition

"Domestic Violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member who is or was residing in the same single dwelling unit (Florida Statutes 741.28(1)(2000)).

"Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as a family or who have resided together as a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time (Florida Statutes 741.28(2)(2000».

Law Enforcement Response

When a law enforcement officer investigates an allegation that an incident of domestic violence has occurred, the officer shall handle the incident pursuant to the arrest procedure provided in Florida Statutes 901.15(7)(2000) which states than an officer may make an arrest if there is probable cause to believe that the person has committed an act of domestic violence, as defined in Florida Statutes 741.28. The officer makes this arrest decision. The victim does not have the authority or ability to decide that an arrest should not be made.

Additionally, the Margate Police Department has a Victim Advocate who is available to assist the victim in the legal process and in safety planning, needs assessment, crisis intervention, and with referral information.

Victim Assistance Response

In addition to enacting laws to deal with the crime of domestic violence, the Legislature of the State of Florida has also established rights for victims of crimes. According to Florida Statute 960, these rights include:

1. To be informed of local victim service programs

2. To be informed, present, and heard at all crucial stages of the criminal or juvenile justice proceedings, and to be told how to participate in these proceedings.

3. To be informed about the availability of victim compensation

4. To submit a victim impact statement

5. To seek restitution from the offender.

6. To be protected from intimidation

The Civil Court System

The victim has the right to file a petition requesting an injunction for protection against domestic violence. The injunction may include, but not be limited to, provisions which restrain the abuser from further acts of abuse, direct the abuser to leave the home, prevent the abuser from entering the residence, school, or place of business, award custody of minor children, and direct the abuser to pay support to the victim and the minor children.

How To Obtain A Temporary Injunction/Restraining Order For Protection Against Domestic Or Repeat Violence

If you have been a victim of physical violence by a spouse, ex-spouse, relative, someone you live with or have a child in common; or if you have been a victim of violence from someone other than the above mentioned, you may be granted a temporary injunction for protection against domestic violence or repeat violence.

Where to go:      

Broward County Courthouse

Family Court Services

201 Southeast 6th Street, Room 248

Fort Lauderdale, Florida

(954) 831-7693

What to bring:  

• A picture ID of yourself

• An address of the person from whom you are seeking protection.

• If you decide to bring your child/children, bring toys or books to keep them occupied, the process can take a minimum of 3 to 5 hours.

What will happen:  

You will fill out paperwork with the assistance of a professional staff member of Family Court Services. Upon completion, your paperwork will be checked and you will go to Room 248 to file papers at the Domestic/Repeat Violence window.

Return to Room 248 to speak with a Case Manager who will discuss your restraining order and safety. A Judge will review your request and if the order is granted you will have a time to come back in 15 days to talk with the Judge. At that time, you can ask the Judge to extend your restraining order, ask for child support, spousal support and/or counseling.

Keep a copy on you at all times. Give a copy to your police department. Call the police anytime you are harassed, or the person comes to your work/home or any time he/she attempts to harm you. KEEP YOURSELF SAFE.

Violation Of The Injunction

Any violation of the conditions of the Injunction for Domestic or Repeat Violence should be reported to law enforcement and you should ask for a copy of the report. If it is an emergency, CALL 911! In some cases, an arrest can be made and criminal charges can be filed. Violations should also be reported to the Clerk of the Court. The Clerk can help you fill out the paperwork to report the violation to the Judge and to the State Attorney's Office.

Out-Of-State Injunctions

An Injunction for Protection issued anywhere in Florida is valid in all of Florida's 67 counties. Injunctions for Protection issued in other states or countries are also enforceable in Florida. HOWEVER, anytime you relocate to another state or country, it is a good idea to file a copy of the injunction with the local police department.

Victim's Rights In The Criminal Justice System

• You have the right to information concerning the availability of crimes compensation and assistance in completing a crimes compensation application.

• You have the right to submit a written and oral victim impact statement to the court.

• You have the right to request a timely disposition of the case.

• Incarcerated victims have the right to submit a written victim impact statement.

• You have the right to information concerning your role as a victim or witness of crime.

• You have the right to information on steps that are available to law enforcement and the state attorney's office to protect victims and witnesses of crime from intimidation.

• You have the right to information about community resources that may be of assistance to you.

• You have the right to have your property returned to you unless there is a compelling law enforcement reason for retaining it.

• You have the right to request assistance in explaining to your employer the reason for your participation in the criminal justice process.

• You have the right to request assistance in explaining to your creditors the financial strain you may have sustained as a direct result of having been the victim of a crime.

• You have the right to request assistance with parking, transportation or other needs that may arise as the result of your participation in the criminal justice process.

• You have the right to request the presence of a victim advocate during discovery depositions.

• Victims of sexual battery, aggravated battery, aggravated child abuse, aggravated stalking, harassment, battery, or domestic violence have the right to request in writing that their names and identifying information be exempt from the public record.

• You have the right to information concerning the arrest, release, or escape of the accused. In most cases, Florida law allows the accused to be released on bond pending judicial proceedings. If you wish information on the custody status of the accused, please contact the incarcerating facility.

• You have the right to seek restitution from the defendant. Please keep track of losses.

Don't Ignore The Problem!

There are things that your partner may do that are considered "RED FLAGS." These red flags can help you decide whether or not you are in a dangerous or potentially dangerous relationship. Look at this list carefully and put a check by the ones that apply to you:

Does your partner tease you in hurtful ways in public or private?

Does your partner call you names like "stupid" or "bitch"?

Does your partner act jealous in front of your friends, family or co-workers?

Does your partner get angry about your clothes or how you wear your hair?

Does your partner read your mail or go through your purse or other personal things?

Does your partner check up on you by calling, driving by or getting someone else to che ck?

Does your partner make important family decisions without you because he's the "man"?

Does your partner insist on knowing who you talk to on the phone?

Does your partner keep money from you, keep you in debt or have "money secrets"?

Has your partner kept you from getting a job or caused you to lose your job?

Has your partner sold your car, made you give up your license or not repaired your car?

Have you lost friends or do you no longer see some of your family because of your partner?

Does your partner accept no blame for his failures at work or with money?

Does your partner get mad so easily that you feel like you are "walking on eggshells"?

Does your partner blame you for his problems, his moods or his abusive behavior?

Does your partner accuse you of seeing someone else?

Does your partner often drink?

Does your partner often use drugs?

Does your partner insist that you drink or do drugs with him?

Is your partner like a "Jekyll and Hyde", acting one way in front of people and another way when you are alone?

Does your partner hit walls, drive dangerously or do other things to scare you?

Does your partner threaten to hurt you, your children, your pets or other family members?

Does your partner deny hurting you or "make light" of hurting you?

Does your partner have access to firearms or other weapons?

Does your partner force you to have sex when you do not want to?

Does your partner force you to have sex to "make up" after a fight or after he has hurt you?

Has your partner ever violated an injunction for protection?

Does your partner have a history of violence that has become worse over time?

Has your partner threatened to kill you or commit suicide if you ever leave him?

If you Are Hurt, What Can You Do?

There are no easy answers, but there are things you can do to protect yourself.

What Are The Options?

The victim needs to recognize that although they are powerless to control or change abuse, they do have options, which they should explore to protect themselves and their family. It is important to reach out to family or friends that give support. Counseling can provide insights on domestic violence, relate alternatives, and empower the victim to set goals. But the most important issue is the safety of the victim and the family.

The following are some options that a victim can consider:

• Stay in the abusive relationship and continue to endure the violence. Generally, it will become more severe and more frequent over time. The victim must decide if staying in their present situation is worth it; is it the way they want to live their life? Is it what they want their children to see and learn?

• End the relationship. There are social services available and people who are willing to assist you in this step.

• Talk to someone. Part of the abuser's power comes from secrecy. Victims are often ashamed to let anyone know about intimate family problems. Go to a friend, neighbor, or clergyman.

Women in Distress is a shelter available to you and your children with a 24-hour hotline (954)761-1133. If you believe that you or your children are in danger, leave immediately!

Legal Aid Service -765-8957, provides legal service for people unable to afford an attorney.

First Call For Help -467-6333, is a 24-hour crisis counseling hotline

FOR EMERGENCY RESPONSE CALL 911

FOR MORE DOMESTIC VIOLENCE INFORMATION CALL THE VICTIM ADVOCATE AT 935-5385.

Safety Plan

Whatever decision a victim makes can be a dangerous one. Safety planning needs to be explored and addressed. This is the most important issue. The following are safety suggestions that should be considered:

Safety While Living With An Abuser

• Have a specific escape route and practice how to get out safely.

• Anticipate impending arguments, and move to a location that is lowest risk. (Try to avoid arguments in the bathroom, garage, kitchen, or any room with no exit and/or where there are potential weapons).

• Avoid weapons in the home.

• Keep change on hand at all times to use a pay phone in case of an emergency and to avoid traceable phone calls.

• Keep money and keys ready and always put them in the same place in order to leave quickly.

• Teach children how to get out of the residence safely.

• Teach children how to dial 911 and make a collect call in case of an emergency.

• Use a code word with children so they know when to call for help.

Safety While Living Away From An Abuser

If possible, consider the following safety suggestions:

• Install new deadbolt locks on doors.

• Replace wooden doors with metal doors.

• Install a wide-angle viewer in primary doors.

• Secure all windows and sliding glass doors with bars, locks, poles to wedge against doors, or an electronic alarm system.

• Install outside lighting system at a height which would discourage removal.

• Trim all trees for better outside vision.

• Install locks on all fences and gates.

• Install a smoke detector and get a fire extinguisher.

Safety On The Job And In Public

• When leaving the job, do not walk alone, park in well-lit areas, and have keys immediately available.

• If you believe you are being followed, drive to a safe place, such as the police department.

Safety If Being Stalked

• Notify the police whenever you are threatened or stalked by the abuser.

• Keep records including letters, notes and taped answering machine messages. Get copies of all police reports and keep a journal of all incidents involving stalking.

• Know where the local police departments are where you live and work in case you are followed or feel threatened so you can report any incident.

• Vary your route and times. Shop in different areas and change other aspects of your routine that the abuser may know.

• Have quick access to emergency and social service numbers in case assistance is needed.

• Maintain an unlisted phone number to attempt to avoid harassing calls.

Domestic Violence And Children

Violence is a learned behavior. It is very important to discuss domestic violence with your children if they are exposed to it. Children need to understand that violent behavior is unacceptable and not a way to deal with frustration and anger. Many people exposed to violence as children may display the same type of behavior when they become adults. Seventy-five percent of boys that grow up in violent homes become abusers. Remember children cannot make their own choices, and the choices we make directly affect the rest of our children's lives.

Effects Of Domestic Violence On Children

PRENATAL:

Increased miscarriages due to increased beating and/or mother's health.

INFANTS:

Frequent crying, irritability, sleep disturbances, and digestive problems.

TODDLERS:

More aggressive behavior with other children, withdrawn, poor health, screaming, sleeping problems, hiding regressive behavior, developmental difficulties, lack of trust.

6 TO 12:

Aggression, withdrawing, running away, bed-wetting, nightmares, learning problems, underachiever, depression, and lose respect for self and others.

13 TO 18:

Intervening in or joining the abuser, delinquent acts, substance abuse, sexual acting out, unhealthy relationships, manipulates others, violence toward a girlfriend or boyfriend or suffers abuse themselves when dating.

The reasons for abuse vary, but ultimately result in the abuser's lack of control in certain aspects of their lives. This causes them to feel severe frustration and anger, which leads to the abuser's need for power and control. They accomplish this by controlling their partners. The abuse usually occurs in cycles with tension building, the episode of violence, and then a phase of sorrow or remorse. This phase is referred to as the honeymoon phase, in which the abuser often makes promises to get help or apologizes. The person is usually not always abusive. The person probably has good qualities as well as the abusive behavior; however, the abuse puts the entire family in jeopardy. Abuse can lead to serious physical and psychological damage and even death.

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