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So I’ve been charged with Domestic Battery: What is the difference between domestic battery and regular battery?

Domestic Battery is a commonly charged crime in the Tampa Bay Area, many folks are not sure of what the “domestic” label means as to potential sentencing and the handling of the case.  Tampa domestic violence attorneys are often asked about the difference between the two.  The most obvious difference is that in domestic battery the alleged victim has some sort of familial or otherwise relationship with the accused. Additionally, the overwhelming majority of judicial circuits in Florida have courts and prosecutors specifically assigned to prosecute domestic related batteries, especially misdemeanor charges.

Aside from the obvious criminal differences, domestic battery often involves other related family law type cases. Generally, a domestic battery charge either is the beginning or the end of the family law case, be it a divorce or child custody case. Domestic violence charges also ultimately lead up to injunctions for protection being filed by the alleged victim against the accused. The Tampa domestic violence attorneys of Hackworth Law have extensive experience concerning defending injunctions for protection against domestic and repeat violence. It is very important to have an attorney represent you at your injunction return hearing because everything you say is being recorded, and many prosecutors immediately go to the audio recording of the injunction return hearing for evidence against the accused. Unfortunately, sometimes during these recordings the accused disputes facts of the case which makes admissions that can be used against them in court. This then causes a more difficult situation for you and your Tampa domestic violence attorney.

Having a Tampa domestic violence attorney present during your injunction hearing will permit you to essentially argue the merits of the injunction, without making potentially incriminating statements during the hearing, which will later be used against you. This is critical since the statements will be used against you later.  Although the judge presiding over the injunction hearing will issue a warning they obtain statements can be used against you, the overwhelming majority of criminal defendant simply ignore the same.

It is worth noting though that we discuss the specifics of battery, unrelated to domestic battery elsewhere on our Tampa Domestic Violence Attorney blog more thoroughly.

If you or someone you know has been charged with domestic battery, contact the Tampa domestic violence attorneys of Hackworth Law, P. A. for free case consultation. We will identify potential defenses and trial strategy for use in defending yourself against such claims. It is important in these matters to have an attorney that handles both family law and criminal defense to ensure your rights are protected at all stages of the proceedings. We look forward to hearing from you.