By Saul Roth
In short, any touching that’s not welcome will be considered domestic battery. This can include touches against your partner in an intimate manner such as grabbing them by the arm or punch for example – regardless if it is harmful/offending towards them personally.
If you are facing domestic battery charges, it is important to understand the difference between actual physical harm and simple contact. At trial, a judge or jury will determine if there was sufficient evidence for them believe that violence occurred.
There are three common defenses to a charge of domestic battery. The first is that the defendant acted without malicious intent, which can be proven if they did not know their actions would result in harm or injury to the other person. This defense typically applies when there’s evidence suggesting confusion over what actually occurred between two parties involved in an incident. The “intimate partner” argument reduces charges in cases where there are links between abuse at home or dating partners, but it does nothing to clear up claims involving strangers who might have been involved. Self-defense can be used if you believe your life was threatened by the other person.
The difference between “intentionally” and “willingly”, is important when dealing with charges like domestic battery. An accused can be found guilty if they acted on purpose, even if there wasn’t necessarily an intent to break any laws or hurt someone else.
Domestic battery is a crime that can only be committed against someone with whom you have an intimate relationship. This includes your spouse, former partner or live-in lover; people who are dating/previously dated each other — it’s not just limited to romantic partners.
The legal definition of “cohabitation” can be difficult to establish in some cases. When two people are involved, the court will examine and analyze their relationship carefully for any indication that they were actually living together as more than friends or family members.