The Intricate Connection Between Burglary Charges and Domestic Violence Cases Involving Divorced Spouses in Florida

​Burglary charges are surprisingly common in domestic violence cases involving divorced spouses attempting to return to the marital home in Florida. This article explores the reasons behind this phenomenon, drawing on Florida Statute 810.02, which defines burglary and its implications for these specific situations.

Florida Statute §810.02, burglary is defined as:

Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

a. Surreptitiously, with the intent to commit an offense therein;

b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

c. To commit or attempt to commit a forcible felony.

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In domestic violence cases involving divorced spouses, the marital home is often the focal point of contention. Once a couple has divorced, one spouse may no longer be legally permitted to enter the former marital home, especially if a restraining order or a court order restricts their access. However, emotions can run high, and a divorced spouse may attempt to re-enter the marital home, either to collect personal belongings or to confront their ex-spouse.

When a divorced spouse enters the marital home without permission or after permission has been withdrawn, they may be charged with burglary under Florida Statute 810.02. Even if their initial intent was not malicious, if they commit an offense while inside the dwelling, such as assault, battery, or destruction of property, it can lead to a burglary charge. Additionally, if the individual remains inside the home with the intent to commit a forcible felony, they can also face burglary charges.

The close relationship between burglary charges and domestic violence cases involving divorced spouses in Florida arises from the nature of these incidents. The legal boundaries set by restraining orders, court orders, or divorce agreements can blur, leading to misinterpretations or emotionally-driven actions. As a result, divorced spouses attempting to return to the marital home may find themselves facing burglary charges, even if their initial intent was not to commit a crime.

In conclusion, the interplay between burglary charges and domestic violence cases involving divorced spouses in Florida is a complex issue. It is crucial for individuals facing such situations to understand the legal implications of their actions and seek the counsel Miami Criminal Defense Attorney Dennis Gonzalez Jr to navigate the intricacies of Florida law.