Does Spousal Immunity Prevent a Riverside Domestic Battery?

April 8, 2012

Riverside Domestic Violence AttorneyHave you been the victim of Riverside Domestic Violence? Do you not know where to turn? Did you know help is available? Did you know Riverside Domestic Violence has both Criminal and Civil penalties? If you have been the victim of Riverside Domestic Violence, you have options and we can help. Although a Riverside Domestic Violence Attorney cannot bring criminal charges, you could have a Civil claim for Domestic Battery. In addition, a Riverside Family Law Attorney can assist you in bettering your home situation and protecting your children and your rights.

As a Riverside Domestic Violence Attorney, I have had many inquiries about "Spousal Immunity" in relation to Domestic Violence. Therefore, I wanted to clarify this information for everyone so as to inform them of the available option under Florida Law. Previously Florida had a Law that was known as the "doctrine of interspousal tort immunity." This statute prevented one spouse from bringing a civil action against another spouse for Domestic Battery.

Fortunately, for Floridians and Riverside victims alike, that doctrine has subsequently been abolished. Florida Statute § 741.235 codifies this doctrine. The Statute reads, "Doctrine of interspousal tort immunity abrogated.--The common-law doctrine of interspousal tort immunity is hereby abrogated with regard to the intentional tort of battery, and the ability of a person to sue another person for the intentional tort of battery shall not be affected by any marital relationship between the persons."

Therefore, victims of Riverside Domestic Battery have a civil avenue in which to recover after suffering at the hand of another. In addition, a Riverside Family Law Attorney can assist you in removing you from the violent relationship and protect your rights and your children from the violent spouse. If you should find yourself or a loved one in this type of situation, call us today. We can provide you the assistance you need during these traumatic times.