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A domestic violence relationship is one in which the parties are 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 have a child in common regardless of whether they have been married or have resided together at any time.The pattern of behavior by the offender can be the same as that of a domestic violence offender, the difference being that the parties do not and have not lived together or shared children. Both parties must be at fault, and the defendant must not be the primary aggressor or initiate the fight. In all Florida prosecutions, it is a required element of battery that the touching at issue occur without the consent of the alleged victim, or “against the person’s will.” This issue frequently arises in cases where two people engage in a fight, or “mutual combat.” In Florida, ‘mutual combat’ is a recognized battery defense predicated upon both parties assenting to a physical altercation and therefore consenting to be touched as an understood consequence of that altercation. The intentional touching against another person’s will is sufficient. Where the evidence is sufficient, the prosecution often elects to proceed with cases against the alleged victim’s wishes. Not all battery cases require the testimony of the alleged victim. present sense impression, excited utterance), then the statements would be admissible into evidence and heard by the jury, even without the Alleged Victim testifying.
Battery is one of the most defendable charges in all of criminal law.Most domestic violence crimes concern spouses or former spouses who engage in abusive behavior toward one another, which results in one spouse striking the other and causing a visible injury.Charges for domestic violence can also be brought against dating partners, domestic partners, former dating partners, or a cohabitant. 5th DCA 2002) (spitting found to constitute battery).Action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release violations; public records exemption.
Other offenses concern children who are injured while being punished by a parent, caretaker, or anyone entrusted with a child's care.