R.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed battery conviction under domestic violence statute, holding that physical injury is not required for assault or battery to constitute domestic violence when committed between family members.
Physical injury or death is not required for assault or battery to constitute domestic violence under Florida law when committed between family members residing in the same dwelling.
[1] Under Florida Statutes section 741.28(1), assault or battery constitutes domestic violence when committed between family or household members residing in the same dwellin…
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Join FLexlaw to unlock all legal intelligenceA child was charged with battery as an act of domestic violence against his mother. The mother testified they were punching each other, and the brothe…
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PER CURIAM.
Appellant/defendant was charged with battery as an act of domestic violence under sections 784.03(1) and 741.28, Florida Statutes (1995). Contrary to appellant’s contention, the definition of “domestic violence” does not require that “physical injury or death” occur in conjunction with crimes enumerated in section 741.28(1). In that subsection, the phrase “resulting in physical injury or death pertains only to the generic term “criminal offense” immediately preceding it. The other crimes specified in the section, such as “assault,” fall within the definition of domestic violence if they are committed against “one family or household member by another who is or was residing in the same single dwelling unit,” even if the victim suffers no physical injury. See § 741.28(1), Fla. Stat. (1995).
Although the defendant’s family members were reluctant witnesses at trial, the court’s conviction of the defendant for battery upon his mother was supported by the mother’s testimony that she and her son “started fighting” and “were punching each other.” Also, the brother testified that the defendant and his mother were “tussling” and that his mother “fell to the ground.”
The disposition order placing the defendant on community control is affirmed.
DELL and GROSS, JJ. and OWEN, WILLIAM C., Jr., Senior Judge, concur.
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McCLAIN v. SMJ, 933 So. 2d 1241 (Fla. 3d DCA 2006)…sault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or [*1242] household member by another family or household member”); see R.H. v. State, 709 So. 2d 129 (Fla. 4th DCA 1998) (holding that son striking his mother was an act of “domestic violence” under section 741.28, Fla. Stat.). Affirmed.…