Domestic Battery and Domestic Violence
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Domestic Battery (§ 741.28, Fla. Stat.)
Domestic Battery has the same elements as “Simple Battery” with the added element of the State needing to prove the alleged victim is a family or household member.
To prove the crime of Simple Battery, the State must prove the following element(s) beyond a reasonable doubt:
1. (Defendant) actually and intentionally touched or struck (victim) against [his] [her] will, OR
2. (Defendant) intentionally caused bodily harm to (victim).
An intentional touching or striking includes situations where a defendant knows that a touch or strike is substantially certain to result from his or her act.
“Family or household member” is defined by Statute and means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Penalties for Domestic Battery
In Florida, Simple Assault is a first degree misdemeanor with a penalty of up to 1 year in jail, 12 months probation, and a $1000 fine. Other collateral issues, such as injunctions, restraining orders, or no contact orders can accompany a battery charge.
Defenses for Domestic Battery
The law recognizes several defenses to the crimes of domestic battery. As you discuss the facts of your case with your defense attorney, it is vital to include all facts of the incident and how those facts may or may not apply to the elements of the charge. Every element of the charge must be present and proven beyond a reasonable doubt.