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Top Domestic Violence Defense Attorney Jason Cromey, Esq. on:
Domestic Violence Battery: F.S. 943.1702
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Domestic Violence Battery – This charge is essentially the same at Simple Battery. It is a first degree misdemeanor as well and in order to prove it the government must prove that you touched or struck somebody against their will or that you caused bodily harm to the victim. The key difference between this charge and simple battery is that it will be designated as “domestic violence” if the victim and you are family or household members or in a dating relationship:
- “Family or household member” 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.
- “Dating Relationship” means a continuing and significant relationship of a romantic or intimate nature.
While you are only looking at a maximum of a twelve (12) months in jail on this charge, just as with simple battery, the fines increase substantially, you lose your right to carry a firearm, and the judge typically will order you to complete a Domestic Violence Intervention Program (DVIP), a 26-week anger management course that will cost you over a thousand dollars. As you can see, the punishments for this crime, while not necessarily more jail time, will have a substantial, and negative, effect on your life and the life of your loved ones. And yes, the loss of your firearm right applies to hunting as well.