Battery dating violence definition muddy matters dating
Willingness has nothing to do with the amount of force used or the physical result of the force, it only deals with the willingness to simply do the act.
In a situation where the accused willfully used the force in self-defense or in the defense of others, he or she is not guilty of a battery.
In a domestic abuse battery case where the victim suffered from serious bodily injury, there is an additional element that must be proved.
The prosecutor must be able to show that the injury that the victim sustained was a result of the force or violence that was used by the accused.
Battery is a “wobbler” offense, meaning that it can be charged either as a misdemeanor or a felony depending on the facts of the individual case.
When charged as a misdemeanor, battery is punishable by a maximum one-year jail sentence and a ,000 fine.
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.It is the prosecutor’s burden to prove that the willful force was unlawful and not for self-defense or in the defense of others.The final element that must be proved is that the accused and the accuser were intimate partners at the time of the alleged offense.The second element is that the use of the force or violence was willful.“Willful” means that the individual had the willingness or desire to use force.