what is domestic battery

1 year ago 62
Nature

Domestic battery is a type of domestic violence that involves any willful and unlawful touching that is harmful or offensive and is committed against an intimate partner. The legal definition of domestic battery varies by state, but generally, it involves committing battery against someone who is in an intimate relationship with the offender, such as a spouse or former spouse, someone who the offender has or had a dating relationship with, a fiancé, a former cohabitant, or the mother or father of the offenders child. Domestic battery is a misdemeanor in California and is punishable by up to one year in county jail and a maximum fine of up to $2,000. To convict someone of domestic battery, a prosecutor must prove that the defendant willfully touched another person, the touching was harmful or offensive, and the victim was an intimate partner of the defendant. Defendants in domestic battery cases can challenge the accusation by raising a legal defense, such as the defendant did not act willfully, the incident did not involve an intimate partner, or self-defense.