Domestic Violence is increasing every day. In May 2021, a survey found there were about 24,000 Domestic Violence cases in Mexico alone. Domestic Battery is somewhat similar – the use of force against someone.
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What is domestic abuse?
Domestic abuse, a.k.a Domestic Violence, is the act of asserting dominance over your intimate partner. Or towards other household members, including relatives or even a child. The abuse is either physical, emotional, mental, financial, or sexual. The intensity of the abuse varies, but it can lead to serious bodily injuries and harm. So, if you are a victim of domestic abuse, report immediately to a police officer or other authority.
Signs that you are a victim of domestic abuse
- Insulting or provoking nature of your partner
- They get angry over you for the slightest of problems.
- Your partner restricts you from doing things.
- You’re scared to open up to them.
- Numerous physical beatings and threats
What does Domestic Battery mean?
In general, it is the physical assault of close ones heavily without their approval. Also known as Spousal Battery, this deed is a criminal offense by law. And it is not only limited to physical assaults. It includes forceful touching of intimate partners and even sexual harassment without their consent. The severity of the case determines the level and classification of the attack. But more on that later.
Difference between domestic battery and assault
The difference is stark. Battery essentially includes the ongoing act of physical beating. Assault occurs before in that it involves the potential victim threatened by the attacker. Since the two usually happen alongside each other, they’re often confused as one.
What is the difference between Domestic Violence and Domestic Battery?
While the two may appear the same, they’re not.
- Domestic Battery is a sub-category of Domestic Violence.
- The prior includes vandalism, assault, blackmailing, etc., while the latter is a physical attack on the victim.
- The Battery does not involve assault.
- The Spousal Batterer faces Domestic Battery charges. And the Domestic Violence one faces Domestic Violence charges.
- An injury is not a must for conviction of Domestic Battery.
Most Domestic Battery cases are misdemeanors. Although, sexual abuse and the use of weapons lead to a felony. And Felony comes with many implications.
How serious is a domestic battery
Like mentioned earlier, the batterer suffers Domestic Battery charges, i.e., they face accusations of battering. The case reported by the alleged victim goes under further inspection. Usually, they are minor misconducts with small penalties. But the sentences may be severe if the attack included weapons. Or if there were critical injuries. In terms of seriousness, it is the least problematic if the offense was minor.
Severity levels of domestic battery
- 3rd Degree
- 2nd Degree
- 1st Degree
Domestic battery penalties
Note that the penalties vary from area to area.
3rd Degree penalty
Such a penalty occurs due to unintentional injuries caused by the batterer. It may or may not involve the use of a weapon (not a firearm). The punishment is up to 1 year in jail with 100-200 hours of community service. A fine is usually also paid.
2nd Degree penalty
It is the same as with the above causes, except that the injuries this time are more serious. The penalty for this is 2 – 6 years imprisonment and $1000 – $10,000 in fine.
1st Degree penalty
1st Degree is the worst form of Battery as it involves permanent disfiguration of the victim. The charges for such a felony may result in 10 to life confinement and up to $100,000 as fines.
Conclusion
Domestic Battery is a sub-category of Domestic Violence. It involves the physical attack of an intimate partner or other relatives. The severity of the victim’s injuries determines the type of felony/misdemeanor. And it also defines the penalty that can range from 1 – 10 years imprisonment and $1,000 – $100,000 in fines.