To prove the charge of domestic battery under statute 741.28 the state must show that there was some type of domestic violence against a family or household member.
“Domestic violence” is defined by statute as an assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
“Family or household member” means 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 are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
If you are convicted of domestic battery it is mandatory that you either complete a 29 week anger management program or that you serve enough time in jail so that completion of the program would not be possible. That usually means at least 6 months in the county jail. Do not settle for a lengthy probation or jail sentence.
If you have been arrested in the Orlando area for domestic battery call the experienced attorneys of Finebloom & Haenel now at 407-218-6277 to protect your rights.
