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  • domestic violence question

    I was reviewing domestic violence and have a quick question.
    Under section 741.28(3) defines a Family or household member as:

    Spouses, former spouses, person related by blood or marriage, persons who are residing togerther as if a family, or who have resided thogether in the past as if a family, and persons who are parents of a child in common regardless of weather they have been married. With the exception of persons who have a child in common, the family or household member must be currently residing together or have in the past resided together in the same single dwelling unit.

    If two people are roomates in college and not family related. An roommate A hits roommate B. Would roommate A get battery F.S. 784.03 and domestic violence F.S. 741.28(2) or does he only get the battery charge?

    I have competed the academy just had a brain fart on the subject. Thanks for your help.
    Last edited by stangspeed302; 10-10-2009, 09:56 PM.

  • #2
    The keyword I believe is, if they are acting as a family. Depending on the college, they might not have a choice who their roommate is, and in that case, they aren't residing together as if they were a family.

    I'll ask one of my instructors tomorrow, he works at University of Florida - So I'm sure they deal with those a lot.

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    • #3
      simple battery only

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      • #4
        Yeah it's not a DV related offense.

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        • #5
          Thats what I thought, I had a question about it asked to me in an oral board. I think I might have still saved it but, not sure. I guess I will just have to wait and see. Thanks for help.

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          • #6
            Yes, just simple battery. But one thing to remember is even if you are charging someone with domestic battery, it's just one charge. The domestic violence statute just defines when something is domestic violence and the penalties for domestic violence, it is not in of itself something you charge someone with (aka, they don't get 2 charges, one battery and one domestic violence).

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            • #7
              It is not domestic if they are only roommates and nothing more.

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              • #8
                In MN, it would be a domestic...

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                • #9
                  The key words to clarify that as a domestic are, "persons who are residing together or had resided together [U]as if a family[U]". But now we have "dating violence" which is basically the same as domestics!

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                  • #10
                    It would be a domestic in TN too
                    As used in this section, “domestic abuse victim” means any person who falls within the following categories:
                    (1) Adults or minors who are current or former spouses;
                    (2) Adults or minors who live together or who have lived together;
                    (3) Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context;
                    (4) Adults or minors related by blood or adoption;
                    (5) Adults or minors who are related or were formerly related by marriage; or
                    (6) Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5).

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                    • #11
                      In florida it is Simple Battery.
                      Blessed are the peacemakers, for they shall be called children of God.
                      -Matthew 5:9

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                      • #12
                        In Jersey,we call that " getting owned ".
                        We ride for those who died!

                        RIP SgtCHP!

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                        • #13
                          In MS, we call that "peckin' order"

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                          • #14
                            In AL it would be a domestic, but cousins are not. I had a case where one cousin hit another one so hard he was knocked out and covered in blood when I got there. When I got to the jail magistrate would only give me Assault 3.
                            "Rollin and Patrollin the Wild Wild West of Bham"

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