Battery in a relationship refers to any force or touch that is unwanted. Most people think domestic battery only occurs if somebody is physically injured, such as bruising or breaking a limb. The short-term charge can be caused by as little as a rude or angry touch.
Domestic battery is slightly different from domestic assault. For a domestic battery charge, the actual act of violence needs to be carried out. For a domestic assault charge, the victim has to feel threatened and understand that they could be seriously injured if the violent act is carried out. Because battery typically follows assault, the charges are often combined.
Defenses Against Domestic Battery Charges
A domestic violence attorney with experience can help you construct an excellent defense and help you decide whether to dismiss the case before trial. In the case of domestic battery, common defenses include:
An individual can defend themselves from domestic battery charges by acting in self-defense.
Since domestic battery allegations occur between partners, they are typically emotionally charged. One spouse can report a false act to get back at the other.
Failure to Prove Guilt
There must be no reasonable doubt in the mind of the judge or jury that an act occurred. The defendant will not be convicted if prosecutors cannot do this.