(1) First we have to determine why we are in a court called Domestic Violence court (DMV). Why are certain battery charges not in the Domestic Violence Division? The answer is found in Florida statute 741.28(2), its called Domesticity.

(2) "Domestic violence" means any 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.

(3) "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.

Now that we know how the case ended up in the domestic violence court (DMV), lets see what makes up the charge. 784.03 Battery; felony battery

(1) The offense of battery occurs when a person:
a. Actually and intentionally touches strikes another person against the will of the other; or
b. Intentionally causes bodily harm to another person.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. You ask, but I'm not charged with battery? I would be happy to discuss and review those charges with you.

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