Battery dating violence definition
Common examples include purses, handbags, wallets, cell phones, other electronic devices, keys, clothing, and other objects being held by or attached to another person. Unlike other misdemeanors, prosecutors in Florida do frequently seek jail sentences or probation sentences for even first time battery offenders.
Some of the most common defenses include the following: One of the most pervasive myths in all of criminal law is that the prosecution cannot pursue a charge of battery or battery domestic violence without the consent or cooperation of the alleged victim. The alleged victim does not make prosecutorial decisions.
4th DCA 2000) (grabbing a purse being held by the victim sufficient to constitute battery); Malczewski v. 2d DCA 1984) (stabbing money bag held by victim sufficient to constitute battery). Simple or misdemeanor battery is classified as a first degree misdemeanor in Florida.
5th DCA 2002) (spitting found to constitute battery).
Cohabitant means two unrelated persons living together for a substantial period of time, resulting in some permanency of relationship.
It does not include roommates who do not have a romantic, intimate, or sexual relationship.
Abuse does not include non-physical, emotional distress or injury.