The first element in a Battery Domestic Violence charge requires an intentional touching. If the accused did not intend an act that might lead to a physical touching, then there was no battery. However, if you were to commit an act with the intent that you would not cause such a touching, but with the knowledge that you might, then the act may be a battery.

There are many cases where the supposed victim is trying to either ‘get back’ at their significant other, or they are trying to gain leverage in a child custody battle. In some of these cases, an expert may be able to prove that the injuries were self-inflicted. If the ‘victim’ inflicted the wounds on themselves then there was no battery, and the charges should be dropped or dismissed.

As with the self-inflicted defense, if the ‘victim’ is accusing someone of battery and there is no evidence of any such battery beyond the ‘victim’s’ word, then there is likely not enough evidence to support the charge and it should be dropped or dismissed.

If the battery that you committed was done because you believed it was necessary to avoid imminent injury or harm to yourself or someone else. However, the force that you used must not have been more than was necessary to protect yourself. If you can show that you used appropriate force to avoid imminent harm to yourself or someone else, then the charges against you should be dropped or dismissed.