The Difference between domestic violence and battery is an important distinction to make. Though they are often used interchangeably, they are two very different things. Battery is a crime that involves the intentional use of force against another person. At the same time, domestic violence is a pattern of abusive behavior in any relationship that one partner uses to gain or maintain power and control over the other.
Though they may share some similarities, there are critical differences between domestic violence and battery that you should understand. Domestic violence can occur in heterosexual and same-sex relationships, while battery is typically only committed by men against women. Additionally, domestic violence is not just physical abuse; it can also take
If the police arrest in the event of an altercation between partners or family members, it is considered domestic battery. Some states in America, such as Las Vegas, receive more than 60,000 domestic violence calls every year.
Battery Domestic Violence
Battery is a charge that is given to offenders who commit domestic violence. This type of abuse is the most reported because the effects of the harm are often visible. The umbrella legal definition of “battery” is quite extensive. It covers a substantial amount of issues; however, the overarching theme is that if the police get involved in a fight between spouses, it is likely to be considered battery.
Battery can be defined as “any willful or unwillful use of force or violence upon another person.” It falls under battery domestic violence law. A battery charge case is often difficult for prosecutors as the victim and assailant have to prove their innocence. There is not always clear evidence available to prove who is right. The battery case will ultimately come down to the credibility of their accounts of the incident.
Domestic Violence
Domestic violence is the term used to cover most types of abuse between spouses in the home. It is a broad term that also covers domestic battery. Domestic violence can be defined as the “willful use of force against a person you have a domestic relationship with.” When the abuser uses their power, coercion, and violence to harm or manipulate the other, it is sometimes seen through non-physical methods such as psychological threats. The problem of domestic violence is consistent globally, often regardless of age, gender, race, ethnic group, or sexual orientation.
Battery Domestic Violence Penalties
In some areas like Nevada, the first time someone is charged with domestic battery, it is typically treated as a misdemeanor. Misdemeanors often require the accused to pay the penalty.
- When charged, the accused will be expected to pay a fine of between $200 to $1,000.
- In extreme cases, you may serve between 2 and 6 months in prison.
- You may be sentenced to 48 to 120 hours of community service for lighter cases.
- The judge will likely recommend you go for counseling every week for six months.
For an offender who commits battery twice within seven years, this will still count as a misdemeanor. The sentences will, however, become heavier.
- You will be fined between $500 to $1,000 in penalties.
- You will possibly spend between 20 days to 6 months in prison.
- You will receive between 100 to 200 hours of community service.
- Be instructed to go for counseling every week for one year.
If you offend for the third time within seven years, you will be charged with a category B felony.
- The penalty doubles to range between $1,000 to $5,000.
- You can be incarcerated for between 1 to 6 years in State Prison.
Depending on the severity of the crime, the sentences are drastically increased. For example, if the accuser had a deadly weapon or severe bodily harm was inflicted.
- For this charge, offenders can receive 15 years in State Prison.
- The offender may also be required to pay up to $10,000 in fines.
The Difference between Domestic Violence charge and Battery Domestic Violence is the first is category B, and the latter a category C felony. Especially if the abuse involves strangulation, the likely sentence is 1 to 5 years in State Prison and up to $10,000 in fines.
Getting Restraining Orders for Protection
Keeping abusers out of your presence can be a life-saving intervention. A restraining order is an excellent measure to keep an abuser from being around you. The order can be issued within 24 hours and prohibits the abuser from seeing the victim and carrying firearms. If an accuser violates a restraining order, it is typically a misdemeanor. It should keep you safe, or the abuser risks six months in jail and up to $1,000 in fines.
Domestic Battery
Battery can be any actual and intentional touching or striking of another person. The objective is mainly to cause bodily harm to the other. The violence is always directed toward a family or household member. When facing trial proceedings, the court will accept domestic battery charges for Husbands and wives, Ex-husbands and ex-wives, and family relatives via blood or marriage. The court will also accept people that are living together as a family. Two individuals who share a child in common
Assault
People often confuse battery and assault. The law is quite specific about them being separate convictions with varying penalties. In some states, such as Florida, physical contact is not a prerequisite for an assault charge. The threat of violence alone is regarded as assault. The intention is to cause an apprehension of harmful or offensive contact. Threatening violence against your spouse or family member can land the abuser in jail for up to 60 days. This is categorized as a second-degree misdemeanor, resulting in a $500 fine. It is up to the prosecutor to prove that the defendant intended to commit the violent act.
Aggravated Assault
Aggravated assault charges are set when a threat of violence is made with a deadly weapon. The use of a firearm is what pushes the case from an assault charge to aggravated assault. The law regards any device that can inflict severe or fatal injury as a deadly weapon. The standard armaments involve firearms, knives, cars, and baseball bats.
Conclusion
The Difference between domestic violence and battery is an important distinction to make. Domestic violence is abusive behavior in any relationship that one partner uses to gain or maintain power and control over the other intimate partner. Battery is a single act of violence, typically physical, committed by one person against another.
