Domestic assault is one of the severe offenses whose penalty is very serious compared to assaults that are not domestic. According to domestic assault lawyer, a domestic assault happens in the context of two people who are intimately or domestically related. This could be a relationship like boyfriend-girlfriend, parents, spouses, and other close family members.
Domestic abuse is widely becoming common. These cases are treated with more seriousness because they can be devastating, especially to children, and the possibility of such instances escalating if not acted on quickly is high. That is why you need a qualified domestic assault lawyer in case you find yourself in domestic wrangles.
- An Individual Will be Found Guilty of a Domestic Assault If
- The victim had a domestic relationship with the suspect. They could be a spouse, romantic relationship, family member, or a common-law partner
- The accused used force against the victim forcefully and without the consent of the two
- The force applied could be the intentional use of words, actions, and threats. It also applies when the accused used a weapon or an imitation of a weapon to manipulate the victim.
- Burden of Proof and Evidence That Can be Used Against the Accused
If accused of a domestic assault, the prosecutor needs to have enough evidence to prove the case to announce the accused guilty. However, sometimes the prosecutor could have relevant evidence, but other shreds of evidence are contracting to the court’s evidence.
The primary evidence comes from the victim (the person who the crime was done on). They will tell their side of the story by word of mouth to their domestic assault lawyer and the court. Other people who were near the scene can also give their evidence. Medical records and physical injuries are also used as evidence.
- Defenses Available in Domestic Assault Cases
The prosecutor will charge the accused spouse for committing the assault on their partner without their consent. However, if they had agreed on an act like engaging in rough sex, the court will not prove a lack of consent.
Although an accused individual for domestic assault can use self-defense to defend themselves, according to a domestic assault lawyer it has to follow these criteria to be considered valid.
- If a force was used against them or they knew that force would be used against them
- If they responded to the force in a manner to defend themselves
- If their response was reasonable with the circumstance
- Penalties for Domestic Assault
The penalties imposed on domestic assaults depends on the circumstances of the case. While some are released with a peace bond, others serve a life sentence. For the less severe cases, the offender will be asked to pay restitution to the victim, pay medical bills or pay for damaged property. Serious offenses can lead you to a life-time jail sentence.