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Domestic Violence Criminal Defense

Domestic Violence FAQ’s: Part 2

Battery Defense Attorney

The best way to get any and all questions answered about your particular case is by speaking with a lawyer. There are always exceptions in every case, so your best bet is to call our offices and set up a consultation about your situation. Below are some general rules of thumb to which those exceptions in your case might apply.

 

Is the no contact order the same thing as the injunction that she got? If the injunction is dropped is the no contact order dropped too?

No. The no contact order is completely separate from the injunction (if there was an injunction issued by the family court). Neither of their existences affects the other. If one is dropped, the other is still in place unless the courts say otherwise.

He/She didn’t have any marks, how can they prove a battery?

The elements of a battery are: 1. Intentional, 2. Touch, 3. Against the will of the other person. There is no requirement that injuries be sustained. Prosecutors LOVE to play that up. “We don’t have to prove injuries.” Over and over again on closing argument. But, they’re right. They don’t. But, let’s say the jury hears there were no injuries. But the alleged victim testifies that they were punched, with a closed fist, 10 times, in the face, by someone who is bigger and stronger than them. And there are no injuries. Do you buy that? A skilled attorney knows how to point that out to a jury (without turning them against your case) to show a lack of credibility on the part of the alleged victim.

How is this a battery? I never hit him/her, I only _______ (pushed, mushed, poked, etc.) him/her.

Going back to the elements of a battery: 1. Intentional, 2. Touch, 3. Against the will of the other person. There is no requirement that the touch be violent. Doesn’t have to be a punch or kick or slap. Only a touch that the alleged victim didn’t want. Ever heard of a tickle battery? I have. It’s a thing. And it could cost 364 days in jail.

To learn more, contact our offices today for a consultation:

(813) 228-0658