Things You Should Know About Domestic Battery

Domestic battery is increasingly becoming a concern in the United States. The society is going through a change and domestic battery as a concern is impacting victims of the case and the society. You might be curious or have questions on the subject if you are a victim of domestic battery or you have ever witnessed it!

“A fight in a home becomes a legal issue when it turns violent. It is important to report cases of domestic battery to the appropriate authorities, as failure to do so can lead to more severe consequences,” says criminal defense attorney Scott Bischoff of Adams & Bischoff.

According to domestic battery reports, a considerable number of people who suffer from domestic battery are women and children. Statistics show that a woman goes through physical abuse at the hands of a romantic partner every 15 seconds.

Furthermore, due to the exposure to domestic battery, there are approximately 15.5 million children who suffer on an annual basis.

Define Domestic Battery

If you are confused about the status of the act, domestic battery is about an individual who exhibits a pattern of behavior which is abusive to another person with whom they are in a domestic relationship.

This relationship is inclusive of cohabiting together, dating or marital interactions between the abuser and the victim. Overall, the way an individual abuses another, not limiting to just physical contact encompasses this behavior.

Domestic battery is not restricted only to situations where a person inflicts severe physical injuries on their partner or spouse. One can also be charged with domestic battery for unwanted and violent touch towards their spouse.

Domestic battery is a higher level of domestic assault. Domestic battery occurs when a spouse feels threatened and fears that their partners may inflict physical injuries on them. On the other hand, domestic battery involves all cases of physical violence toward a domestic partner.

Can Domestic Battery Be Charged as Misdemeanor/ Felony?

If you are wondering about how domestic batteries are charged, let me share with you the details. It completely depends on the circumstances of the situation. Based on that, it is decided that the domestic battery is considered a misdemeanor or a felony.

Other factors that are considered in these cases are the law of the state where the domestic battery took place and the history of the accused. For example, if the accused is convicted as a first-time offender, the case is considered a misdemeanor.

However, if the accused has been a repeated offender, the domestic battery will be charged as felony. Additionally, it is also in the power and the discretion of the prosecutor to decide whether the accused is charged with felony or misdemeanor. 

Domestic Battery Inclusive Behaviors

Domestic battery is a criminal offense resulting from physical violence from one person to another where a domestic relationship exists. Actions that constitute domestic violence include:

• Kicking 
• Hitting
• Shoving
• Slapping
• Forced sex
• Choking
• Biting
• Pushing

Things To Remember About Domestic Battery

When it comes to domestic battery as an act, there are certain things which you need to keep in mind. Read the following things in details:

#1. Domestic Battery is a Crime

The environment in society must be free where the law has been created to protect everyone’s rights to live without any threat of physical violence. The right of the people is not just a form of social living but also a basic conduit of coexistence.

However, people who physically hurt others in a domestic relationship, are seen as committing a crime. Domestic battery is an attack on the freedom of the people and the society as a whole.

Additionally, the cases of domestic battery are either charged with felony or misdemeanor based on the depth. Such as in California, an accused convicted of domestic battery will have it in their records for 10 years.

#2. It Impacts Firearm Possession 

When domestic battery is charged on a person, they are prohibited by the law to possess any firearms. Even if the person is employed to a job where they need to carry guns or they are in the military, with this charge, they will be prohibited because the law says so!

#3. Domestic Battery Penalties are Affected by the Severity of Injuries

If the injuries that are inflicted on the victim by the accused are not that simple in the domestic battery case, the ruling will be a misdemeanor. Additionally, if there is no evidence of a weapon, the accused can escape the felony charge based on the prosecutor’s consideration.

However, if the injuries of the victim are severe like lacerations, gunshot wounds, knife injuries or broken bones, the case will be charged as a felony, plus the accused might have to pay additional fines along with added prison time.

#4. Application of the Three Strike Rule

The applicable rules in most states when it comes to domestic violence differ. However, in most states, the three-strike rule applies. This means that a first-time offense is likely to attract a lesser penalty than repeat offenses. 

A first-time offense attracts a misdemeanor charge in some states, while repeat offenders are charged with a felony. In situations where an offense is recurrent, the offender may serve time in prison with the option of parole.  

#5. It Is Possible Not To Be Convicted

Not everyone charged with domestic battery gets convicted. There are cases where a domestic partner is accused falsely of domestic battery. Therefore, it is possible to get off of a domestic battery case without getting convicted. 

It is important for the victim to hire an experienced lawyer in domestic battery cases because they will know what to do. They will have an upper hand when it comes to learning how to help your case!

#6. Domestic Battery Charges Can Affect Child Custody

Are you trying to gain custody of your child? If you are wondering about the legal battles when involved in the child custody case? It is important for you to avoid any domestic battery cases especially if it has the capacity to influence the outcome of the proceedings of your child custody. 

Before giving legal custody to a parent or guardian, the preceding judge will consider many factors. One of the things that the judge considers is the child’s welfare, and any accusation of domestic violence can affect the judge’s decision over your child custody case.

Domestic Battery Signs to Watch Out For

There are common signs to watch out for that would help you spot an abuser. These signs most times are subtle but can be identified with careful observation, and they include:

• Unpredictability
• Extreme jealousy and possessiveness
• Verbal abuse
• Forced sex
• Bad temper
• Animal cruelty
• An obsessive need to exercise control
• Tendency to throw blames on partner
• Excessive control over the victim’s finances
• Harassing the victim in public

Wrapping Up

In conclusion, when it comes to the increasing severity of domestic battery in the United States, you have to evaluate the circumstances. There are penalties involved based on the severity, conditions and the accused’s crime records.

Furthermore, there are cases when self-defence might play an important role when it comes to the accused. That is when they need solid legal representation so that they can prove their innocence. 

The best way to deal with the changes is to hire a competent and experienced lawyer who will handle your case with complete knowledge, experience and sharpness. That is how you will stand a chance to get a positive outcome.