DEFINITION OF DOMESTIC BATTERY
Under Florida law, Domestic Violence Battery is defined as
any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person, when the person struck is a “family or household member.”
‘FAMILY’ OR ‘HOUSEHOLD MEMBERS’
Under Section 741.28, Florida Statutes, the term ‘family or household member’ can include the following:
Wives and husbands;
Ex-wives and ex-husbands;
Individuals related by blood or marriage;
Individuals living together as a family;
Individuals who have resided together as if a family in the past; and
Persons who have a child in common (regardless of prior marriage).
The statute specifically requires that the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. The only exception is for persons who have a child in common.
PENALTIES FOR DOMESTIC BATTERY
Domestic Battery is classified as a first degree misdemeanor, with penalties that may include up to one year in jail or twelve months probation, and a $1,000 fine.
ADDITIONAL PENALTIES
Due to the ‘domestic’ nature of the crime, the accused will face additional mandatory penalties under Chapter 741, Florida Statutes, including:
Completion of a 26 week Batterer’s Intervention Program (BIP);
12 months of probation;
5 days required jail (if the defendant is adjudicated guilty and there is bodily injury); See Section 741.283, Florida Statutes;
Additional community service hours;
Loss of important civil liberties, including concealed carry rights;
Imposition of an injunction or ‘no contact’ order. For additional information on this topic view our web pages on injunction violations and no contact orders.
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Originally Posted by Zippyjuan
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