Q: My wife hits me but I weigh 200 lbs more than she does and it doesn't really "hurt."
Will the courts still consider that DV?
A:
Thank you for your question. Domestic Violence cases are handled two ways primarily in the judicial system: Criminal or Civil. If you are seeking to file an injunction against your wife the standard for the issuance of an injunction can be found under Fla. Stat. 741.28. Domestic violence means any assault, aggravated assault, battery.. or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. In a civil case, it is very likely you would receive an injunction as a battery was committed against you regardless of your weight or whether it hurt. However, credibility is always relevant.
In a criminal DV case the State must prove the following element beyond a reasonable doubt:
1. [(Defendant) intentionally touched or struck (victim) against [his] [her] will.]
In this case the simple act of touching or striking you is enough to qualify.
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