When it comes to domestic violence charges, what is the difference between the types?
Domestic Abuse Battery
Here in Louisiana, domestic abuse battery is defined as one household member intentionally using force or violence against another household member.
What is considered a household member?
- Any person of the opposite sex living with the defendant as a spouse, married or not.
- Any person of the opposite sex who resided with the defendant as a spouse within 5 years of the domestic abuse battery, married or not.
- Any child who currently lives with the defense or has in the past 5 years preceding the domestic abuse battery AND any child of the defendant, regardless of where the child lives.
What happens when someone is convicted of domestic abuse battery?
The penalties involved with domestic abuse battery are dependent on whether or not the defendant is being charged with a misdemeanor or felony. However, a person convicted of domestic abuse battery will usually face a minimum of up to 6 months in jail and a $1,000 fine. Repeated abuse batterers and offenses involving strangulation may face increased penalties.
What is an example of domestic abuse battery?
Someone punching someone or causing physical harm to someone else.
Domestic Assault is defined as the intentional placing of another person in the reasonable apprehension of receiving a battery or attempting to commit a battery or somebody.
What is an example of a domestic assault?
Someone threatening to cause physical harm to someone or attempting to cause physical harm to someone and not ever making physical contact. If that person were to cause physical harm, this could turn into a battery.
The main difference between the two is batteries usually result in physical harm upon someone and domestic assault does not. However, keep in mind there is a difference between misdemeanor assault and battery and felony assault and battery.
If you or someone you know is facing a domestic abuse battery or assault charge, it is best you seek professional legal advice.