What Is The Difference Between Dating Violence Vs. Domestic Violence In Florida?

Florida law distiguishes the difference between dating violence and domestic violence: 

Florida law defines:

• Domestic violence in section 741.28, Florida Statutes
• Dating violence in section 784.046(1)(d), Florida Statutes

Both are important mainly in the context of getting an injunction (restraining order).

 

1. Domestic Violence 

Domestic violence is about who the people are and their living/relationship situation, not just the type of act.

A. Who it covers (the “relationship”)

Domestic violence involves certain types of family/household relationships, for example:

• Spouses (current or former)
• People related by blood or marriage
• People who live together as a family, or used to live together as a family
• Parents of a child in common (regardless of whether they ever lived together or married)

Extra note:
Except for people who share a child, the person has to be currently living with, or have lived with, the other person as part of the same household.

B. What conduct counts as “domestic violence”

• Under 741.28, domestic violence is any one of several crimes committed by one family/household member against another, for example:
• Assault / aggravated assault
• Battery / aggravated battery
• Sexual assault or sexual battery
• Stalking / aggravated stalking
• Kidnapping
• False imprisonment
• Or any criminal offense resulting in physical injury or death

So: If one family or household member commits one of those crimes against another, it’s “domestic violence” under Florida law.

2. Dating Violence

Dating violence is about a romantic or intimate dating relationship, even if the people never lived together and are not related.

A. What a “dating relationship” must look like:

Under 784.046(1)(d), a “dating relationship” in Florida must:

• Be a continuing and significant relationship of a romantic or intimate nature
• Be determined by:
  1. Whether there was an expectation of affection or sexual involvement
  2. Whether the relationship was ongoing over time
  3. Whether the interaction between them was frequent and continuous

And it is not a dating relationship if:

• The interaction was only casual, or
• It was only a business or social relationship (like coworkers, neighbors, classmates who hang out, etc.)

Also, the statute requires that the relationship existed within the last 6 months (the usual standard courts look at).

B. What “dating violence” is

“Dating violence” is essentially violence between people in a qualifying dating relationship, such as:

• Assault or battery
• Sexual violence
• Stalking
• Other violence or threats covered by the statute

The key is the nature of the relationship, not whether they lived together or were married.

3. Core differences: dating vs. domestic violence

Here’s the essence:

Relationship type

• Domestic violence:

  • Family or household members
  • Includes spouses, ex-spouses, relatives, people living together as a family, or parents of a child in common
  • Usually requires living together (now or in the past), except when they share a child

• Dating violence:

  • People in a romantic or intimate dating relationship
  • Do not have to live together
  • Do not have to be related or share a child
  • Relationship must be ongoing, significant, and recent (within about 6 months)

Purpose / use in court

• Both definitions matter mainly for injunctions (restraining orders).
• Florida has:
  • Petition for Injunction for Protection Against Domestic Violence
  • Petition for Injunction for Protection Against Dating Violence

So the difference affects which petition a person should file, what they have to prove, and sometimes what protections are ordered.

Type of acts

• The acts of violence can look very similar (assault, battery, stalking, etc.).
• The main legal difference is the relationship between the people involved.

4. Why it matters which category it falls under

Choosing the right type of injunction can affect:

• What relationship facts you need to allege (family/household vs. dating)
• How the judge looks at the case
• The forms used
• Some of the relief/protections requested (for example, issues about children, shared residence, etc., come up more often in domestic violence cases)

5. Quick summary

• Domestic violence in Florida = certain crimes (like assault, battery, stalking, etc.) committed by family or household members (spouses, exes, relatives, people living together as a family, parents of a child in common).
• Dating violence in Florida = violence between people in a continuing, significant, recent romantic or intimate relationship, even if they never lived together and aren’t related.