In particular, an individual can commit domestic violence against a spouse, ex-spouse, the co-parent of the individual's child, or a relative related to the individual by blood or marriage.
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.
Orlando Domestic Violence Attorneys Domestic violence charges may be brought by a family member against another family member, or by a household member against another household member.
Charges may include: A domestic violence injunction should be taken very seriously.
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 issue of consent is a jury question, and is examined in light of the surrounding circumstances. In fact, where the allegation is that the touching was against the alleged victim’s will, the existence or extent of injury becomes irrelevant. Simple or misdemeanor battery is classified as a first degree misdemeanor in Florida.
Both parties must be at fault, and the defendant must not be the primary aggressor or initiate the fight. Testimony from the alleged victim that he or she did not consent is not required, so long as the state’s evidence can support a jury inference of a non-consensual touching. Thus, the penalties can include up to a year in jail, or a probationary sentence not to exceed one year.
Under Florida law, an alleged victim can obtain a domestic violence injunction against his or her accuser for protection from the court.