A lot of people got confused with domestic battery and domestic assault. Most of them interchanged the legal terms or viewed them as synonymous. Furthermore, the direct meaning of domestic battery in Michigan Law is any offensive or harmful action committed against a partner or ex-partner. Another criterion in considering a particular offense as domestic violence is seeing the motive of the act as intentional even if it is harmful. It can take a lot of forms, just like pushing, slapping, punching, and most likely occur during confrontations or fights.
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Defining Domestic Battery Deeper
Going back to the definition of domestic battery, it is the willful infliction of harmful or offensive action toward a partner. Considering an act as willfully done, it is when the offender did the violence with full knowledge and purpose or willingness. Moreover, it is harmful when done under the influence of anger or disrespect. Yet, it does not necessarily have to cause pain, injury, or physical irregularities. One can be charged with domestic battery if the spouse or partner can prove that an act occurred willfully. The consideration of being a partner can be a spouse, fiance/ee, or another parent of the child one has. The court will efficiently identify domestic violence in these classifications rather than those involved in cohabitation or dating.
How Domestic Battery Differs From An Assault
Domestic Battery in Michigan Law involves an intentional or does not involve accidental touching of a person or object close to them in a rough, violent, or aggressive manner. One’s act can be an assault if the offender is capable of doing battery; another case if one seems to be committing a battery; or if one thought or attempted to do a domestic battery. In other words, an assault happens if there is an attempt to conduct a battery or perhaps an act that would make a reasonable person fear or anticipate acting to batter. Therefore, an assault cannot occur by chance like the battery.
Lawyers’ Advice to Those Experiencing Domestic Battery in Michigan
Facing any abuse is not to be taken for granted. You must act immediately to help violators not escalate the degree of violence as you keep on tolerating. Domestic battery and other abuses result from tolerance as the person involved have a huge part in one’s life. The victim should not hesitate to reach out to the nearest police station and seek legal assistance from the best family lawyers.
Goldman and Associates Law Firm is one of the teams of family lawyers who are suitable for cases involving domestic battery in Michigan Law. The specialization of family law and other lawsuit cases is the edge of our law firm to address any family law problems you will meet along the way. Do not delay heeding the call to promote justice. You may contact us at this number (248) 588-3333. If you wish to contact us anytime and receive a response efficiently, you can book an appointment with us online.