When you inflict harm or cause injury upon another person through physical contact which is not permitted, you have committed battery.

Although battery is often used interchangeably with assault, both words, however, do not have the same meaning. Battery means physical harm done to a person while assault is simply a threat of possible battery. Civil battery has the same meaning as battery, however, in this case, it is civil and not criminal. A person can be sued in cases involving civil battery. You must know the difference between the two to understand better how to go about your case and what to expect. If a civil battery suit is filed against you, make sure to get in contact with a Florida civil battery defense attorney as soon as possible. A personal injury defense lawyer will best know how to deal with it. This five minute read will give you an overview of what a civil battery is and what to do when faced with it.

Difference Between Civil Battery and Criminal Battery

It is common among people to use these two words interchangeably. However, there is a clear difference between the two. Although the elements of the two are almost similar, in an offense of criminal battery, however, the incident will usually result in an arrest or criminal investigation. On the other hand, in civil battery cases we are usually dealing with a lawsuit where the other person is suing you for money. If your actions have caused harm to another person , or you never intended to cause harm, contact a personal injury defense lawyer who understands how to defend you accordingly.

Elements of Civil Battery

When a civil battery suit is filed against you, that is not the end of the world. The fact is that for such a civil battery suit to be successful, the plaintiff must establish certain facts against you. Failure to prove these elements will be fatal to their case. The following are elements of civil battery.

• There must have been contact
• The contact was non-consensual and intentional
• The contact must have caused harm to the other person

Contact

To prove their case of civil battery against you, the plaintiff must show and establish that you made physical contact with him/her. Generally speaking, there can be no battery if there is no contact. Where the plaintiff fails to prove this element, then the civil battery suit is bound to fail.

Intentional and Non-consensual Contact

Where the plaintiff can successfully show that the defendant did have physical contact with him/her, they must go ahead to show that the defendant intentionally carried out the said conduct on them. The intent that matters here is the intent to act, not the intent to cause harm. Also, the plaintiff must be able to show that the defendant had no form of consent whatsoever, whether expressed or implied to make contact with him/her. If in any way, the defendant acted based on the express or implied consent of the plaintiff, the civil battery suit may not succeed.

Contact Resulted in Harm

Finally, a civil battery must result in an injury or damage. One thing is important to note here. It is not enough for the plaintiff to show that he/she is injured or has suffered any form of loss. The plaintiff must show that it is the direct conduct of the defendant that caused the particular harm. Establishing the existence of harm or injury alone does not suffice.

Defenses to Civil Battery

When a civil battery suit is filed against you, you do not need to get agitated or depressed. Some potential defenses to a claim for battery include:

Self-Defense and Defense of Others

A defendant in a civil battery lawsuit can raise the defense of self-defense or defense of other persons at the time of the battery. There are several things that you must show to prove that you were acting in self-defense or that you were trying to defend some persons present at the time of the battery. This defense is particularly difficult to prove as in most cases, it is just the plaintiff and the defendant that were together at the time of the alleged battery. Whatever the case is, our experienced Orlando personal injury defense attorneys have handled similar cases and successfully handle yours too.

These and several other defenses are available. However, it is not every defense that will best suit your case. A battery lawsuit lawyer will understand better the best defense that will avail you and help you raise and plead it properly.

How an Orlando, FL Personal Injury Defense Attorney Can Help You

 If a civil battery lawsuit has been filed against you, then you need to act quickly and consult a personal injury defense lawyer. A qualified Orlando, FL personal injury defense attorney will:

• Listen to you and properly review your case.
• Carry out a thorough investigation of the incident.
• Reply to the civil battery lawsuit.
• Try to find holes in the evidence of the plaintiff.
• Raise the best possible defense on your behalf.
• Represent you in court.
• Gather eyewitness reports that make your defense stronger, etc.

Contact an Orlando, FL Personal Injury Defense Attorney

Are you in need of an Orlando personal injury defense attorney to help you with your civil battery defense case? Then contact us and share your problem with us. Our experienced Orlando personal injury defense attorneys prioritize any case they take up to handle and do not back down until your case ends satisfactorily.