Domestic battery, is a California offense also known as “spousal abuse” or “spousal battery.” Under California law, battery is a domestic violence crime that applies to intimate partners.Intimate partners can be of opposite or the same genders, married, divorced, living together, have children in common, or be dating or formerly dating.
Keep reading to learn about what qualifies as BDV and how it differs from the more general Nevada offense of battery.The crime of battery domestic violence -- which may be called "domestic abuse" or "domestic violence" under Nevada law -- has three main components: Each of these elements of Nevada BDV law is discussed in detail below.In other words, it must be proved that the injury wasn’t self-inflicted or caused as the result of an accident.A California domestic battery accusation is a very serious matter.While domestic violence involves violence between family or household members, dating violence is defined as violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature within the past six months.
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.
When we receive calls regarding injunctions for dating violence under Florida law, one of the first things we do is determine whether or not the situation presented actually qualifies as “dating” violence.
Whereas the more frequently used term “domestic violence” applies to violence that occurs between family or other household members, “dating violence” is more generally defined as violence between individuals who currently have, or have had in the past, a continuing and significant relationship of a romantic or intimate nature.
The first element is that the accused used force or violence upon another.
Note that this element doesn’t make any mention of injury.
The pattern of behavior by the offender can be the same as that of a domestic violence offender, the difference being that the parties do not and have not lived together or shared children.