Are Domestic Battery and Domestic Violence Charges the Same Thing?

People often think that domestic battery and domestic violence are the same, largely due to the fact that the media often uses the two terms interchangeably. However, these two terms do not indicate the same offense and one has a definition that is much narrower. Below, one of our Fort Lauderdale domestic violence defense lawyers explains the differences between these two terms.

What is Domestic Violence in Florida?

Domestic violence is not actually one specific charge. Instead, it is an umbrella term to describe many different types of offenses that may occur. The Florida Statutes outline a number of different offenses that qualify as domestic violence, including but not limited to battery, aggravated battery, assault, aggravated assault, stalking, false imprisonment, and kidnapping.

In order for domestic violence charges to apply, the offense must have also been against a family member, a person you are or were romantically involved with, or member of the same household. Many people think only spouses can be charged with domestic violence, but this is not true. Household or family members include the following:

• Spouses
• Current or former romantic partners
• Children
• Family members related by marriage or by blood
• People who live together as though they were family

While the law in Florida outlines many specific offenses that constitute domestic violence, two of the most common charges are domestic battery and domestic assault.

What is Domestic Assault in Florida?

Contrary to what many people think, domestic assault does not involve physical violence. Instead, domestic assault occurs when someone threatens physical violence against a family or household member and they have the imminent ability to follow through with the threat. Insults and verbal arguments do not necessarily constitute domestic assault. Domestic assault only occurs when one person threatens another in such a way that places the other family or household member in reasonable fear that they are about to be touched against their will.

Domestic assault is a lesser charge than domestic battery. Domestic assault is punishable by up to 60 days in jail and a maximum $500 fine.

What is Domestic Battery in Florida? 

Domestic battery occurs when one person actually touches or strikes another family or household member against their will. A person may face domestic battery charges if they touched or struck someone else even if no injury occurred. There is also no requirement that the touching or striking must be violent. Domestic battery can involve simple touching or poking, as long as the physical contact was unwanted.

Domestic battery is more serious than domestic assault. Battery against a family or household member is punishable by up to one year in prison and a maximum $1,000 fine.

Our Domestic Violence Defense Lawyers in Fort Lauderdale Can Help with Your Charges

Regardless of the type of domestic violence offense you were charged with, you need a strong defense. At Haber Blank, our Fort Lauderdale domestic violence defense lawyers can challenge the evidence against you and highlight weaknesses in the prosecution’s case so you obtain the best outcome possible. Call us today at 954-767-0300 or contact us online to schedule a consultation and to get the strong defense you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html