The term “domestic assault” brings a certain image to mind. When we hear of a domestic assault case, we often picture a male physically harming a female, usually a girlfriend or wife. In actuality, there are many different actions that are considered domestic assault. And according to the CDC, 1 in 4 men have be a victim of some sort of physical violence by an intimate partner within their lifetime.
So let’s clear up some common misconceptions about domestic assault.
- Domestic assault requires physical violence. Making threats that cause fear of immediate bodily harm is domestic assault. So is making terroristic threats or interfering with a call for emergency help. You can be charged with domestic assault even if you have not had any physical contact.
- Domestic assault happens between people in a romantic relationship. Assault becomes domestic when it occurs against any member of a family or household. This includes a parent or child, someone you currently or used to live with, a blood relative, or someone you share a child with. Both males and females are charged with, and found guilty of, domestic assault.
- You can’t be charged with domestic assault if the victim recants. Domestic assault is a crime. Once the charges have been issued, the victim does not have the authority to drop the charges.
- If you are the subject of an Order of Protection, you are guilty of a crime. An order of protection is a civil order, not a criminal order, that can be requested by a family or household member that claims to be in imminent fear of bodily harm from you.
While it is only a civil order, it can appear on your criminal record. If you are found guilty of violating the order of protection, even if you believe it was falsely obtained, you will face criminal penalties.
Because domestic assault cases involve people who have some form of a relationship, they can quickly become emotionally charged. We understand that there are two sides to every story. If you have been charged with domestic assault or are the subject of an order of protection, you need an experienced criminal defense lawyer. We will listen carefully to you and create the best plan of attack for your unique situation.