BATT1002 Battery (Domestic Violence)

Law Office of W.F. ''Casey'' Ebsary Jr — Sat, 26 Apr 2025 17:05:33 GMT

BATT1002 – Domestic Violence Battery Charges in Florida

Law Office of W.F. “Casey” Ebsary Jr.
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Arrested for Battery (Domestic Violence)? Get Help Now

A charge of BATT1002 Battery (Domestic Violence) under Florida Statute 784.03(1)(a)(b) can have devastating effects on your freedom, record, and personal life. Domestic violence cases are aggressively prosecuted in Florida, even when the alleged victim does not want to press charges.

At the Law Office of W.F. “Casey” Ebsary Jr., we know what’s at stake — and how to fight back. Call (813) 222-2220 now to protect your rights and your future.

What is BATT1002 – Battery (Domestic Violence)?

Under Florida Statute 784.03(1)(a)(b), a person commits battery by:

Actually and intentionally touching or striking another person against their will, or
Intentionally causing bodily harm to another person.

When the alleged victim shares a domestic relationship (such as a spouse, family member, or romantic partner), the charge is classified as Domestic Violence Battery, enhancing both the penalties and the long-term consequences.

BATT1002 Quick Facts

Form Code	Florida Statute	Offense Level	Degree	Description
BATT1002	784.03(1)(a)(b)	Misdemeanor	1st Degree	Battery (Domestic Violence)

Punishable by:
- Up to 1 year in jail
- Up to 12 months probation
- Up to $1,000 fine
- Mandatory domestic violence counseling (BIP)
- Loss of firearm rights
- No sealing or expungement of conviction

Florida Law on Domestic Violence Battery

Florida Statute § 784.03 outlines that battery occurs when a person intentionally touches, strikes, or causes bodily harm without the other person’s consent. When the incident involves a domestic relationship, the charge carries enhanced penalties, including required counseling and firearm restrictions. A second or subsequent battery conviction can be charged as a felony under subsection (2).

Domestic violence cases are unique because the alleged victim cannot simply drop charges — only the State Attorney has that authority.

Frequently Asked Questions About BATT1002

FAQ

Can I be arrested even if the alleged victim doesn’t want to press charges?

Yes. In Florida, once law enforcement responds to a domestic violence call, an arrest is almost always made. Afterward, the prosecutor — not the victim — decides whether to pursue the case. This means you can face prosecution even if the alleged victim later asks to drop the charges.

What are the penalties for a Battery (Domestic Violence) conviction?

A BATT1002 conviction can result in up to one year in jail, mandatory completion of a 26-week Batterers’ Intervention Program (BIP), probation, and a $1,000 fine. Additionally, a domestic violence conviction cannot be sealed or expunged. It also causes the loss of your firearm rights under federal law.

Can a domestic violence battery charge be dropped?

Possibly, but it is not automatic. The State Attorney has full discretion whether to move forward, even if the alleged victim is uncooperative. A skilled defense lawyer can present mitigation evidence or file motions to dismiss the case. Early intervention is critical to increase the chances of a positive outcome.

Will I have a no-contact order after my arrest?

Almost always, yes. A no-contact order is usually issued at your first court appearance, preventing you from contacting the alleged victim directly or indirectly. Violating this order can result in additional criminal charges. Your attorney can sometimes request the court to modify or lift the order with the alleged victim’s consent.

Why should I hire a domestic violence defense attorney?

Domestic violence charges are complex and carry unique penalties beyond typical misdemeanors. A defense attorney can protect your rights, seek dismissal or reduction of charges, and fight for the best possible result. Having experienced legal representation can make a critical difference in the outcome of your case and your future.

Call a Tampa Domestic Violence Defense Lawyer Today

If you’ve been charged with BATT1002 Battery (Domestic Violence) in Tampa or Hillsborough County, don’t wait to seek legal help. An aggressive defense can lead to dismissed charges, reduced penalties, or alternative resolutions like diversion programs.

📞 Call W.F. “Casey” Ebsary Jr. at (813) 222-2220 today or
📨 Contact us online.

We are ready to defend you and protect your future.

Posted in: BATT1002, Battery (Domestic Violence), Domestic Violence Defense, State Court
Tagged: 784.03(1)(a)(b), Domestic Violence Lawyer Tampa, Hillsborough County Defense Attorney

Original Post from 2010

Domestic Violence Battery, 784.03.1AB, BATT1002

“Actually and intentionally touches or strikes another person against the will of the other; or Intentionally causes bodily harm to another person.”

Domestic Violence Battery

If you have been charged with BATT1002 BATTERY (DOMESTIC VIOLENCE) you can call a Tampa Domestic Violence Defense Lawyer at (813) 222-2220.

This Domestic Violence charge is one of the top 10 ways to get arrested in our area. We have a list of the Top 50 ways to get into the Hillsborough County Jail that you can review here.

If the battery or fighting charge does not involve a family or familiar relationship, then you can be charged with simple misdemeanor battery.

Form Code: BATT1002

Florida Statute: 784.03.1AB
Level: Misd (Misdemeanor)
Degree: 1st

Description: BATTERY (DOMESTIC VIOLENCE)

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.03 Battery; felony battery.

(1)(a) The offense of battery occurs when a person:

1. Actually and intentionally touches or strikes another person against the will of the other; or

2. Intentionally causes bodily harm to another person.

(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

Battery (Domestic Violence) - Law Office of W.F. ''Casey'' Ebsary Jr