Category Archives: Domestic Violence

The Difference between Domestic and Non-Domestic Violence

The Difference between Domestic and Non-Domestic Violence.

The difference between domestic violence and non-domestic violence lies in the relationship between the offender and the victim. Crimes that inflict physical harm are generally considered non-domestic, unless one party is related to the other by blood, marriage, adoption, a current or previous cohabitant, or a co-parent of a child.

What is Non-Domestic Violence?

Non-domestic violence occurs when someone attempts to or succeeds to injure another person. The crime of assault also includes reckless actions that place a victim in fear of imminent bodily harm.

Non-domestic violence is broadly categorized into a simple assault, aggravated assault, and attempted murder.

  • In cases of simple assaults, there is a threat of violence or an actual attack that results in minor injuries.
  • Aggravated assaults are attacks that cause serious physical injury with or without the use of a deadly weapon.
  • Attempted murder is an attack with the intention to kill someone.

What is Domestic Violence?

Domestic violence is a crime between people in a relationship with the intent to control, intimidate, or manipulate the other.

In order to charge someone with domestic violence, the state must prove that a relationship exists between offender and victim, such as:

  • Offender and victim are related by blood
  • Offender and victim are currently or previously married
  • Offender and victim live or previously lived in the same household
  • Offender and victim have a child in common
  • The victim is a child who lives or has lived with the offender in the same household
  • Offender and victim currently have or previously had a romantic or sexual relationship

While most violent attacks occur between spouses, they are not limited to domestic partners. You can be charged with domestic violence if you assault your parent, sibling, grandparent, roommate, someone you are dating, or someone who is pregnant with your child.

What are Domestic Violence Crimes?

Assault is the most common type of domestic violence. This includes hitting, shoving, pushing, and sexual abuse. Other forms of domestic violence that are considered criminal behavior fall under these categories:

  • Threatening physical harm
  • Intimidation
  • Stalking
  • Kidnapping
  • Child abuse
  • Harassment
  • Disorderly conduct
  • Trespassing
  • Criminal Damage
  • Endangerment
  • Child abuse
  • Vulnerable adult abuse

Punishment for Domestic Violence

Domestic violence crimes are considered very serious and carry varying penalties. The level of punishment depends upon the crime. A conviction of domestic violence plus aggravated assault will result in a harsher sentence than if the case was just harassment. A judge will consider not only the severity of the offense but also the previous criminal history of the offender.

Penalties for domestic violence offenses may include:

  • Fines and surcharges
  • Probation
  • Jail time
  • Restrictions
  • Domestic violence classes that are mandated by the court
  • Restrictions in owning a weapon
  • Restrictions on communicating with the victim
  • Loss of child custody
  • Loss of visitation rights

Why You Need to Contact a Defense Lawyer Immediately

A domestic violence conviction will negatively impact your life and your standing in the community. If you are charged with domestic violence, you should consult with a defense lawyer with broad knowledge of domestic violence crimes. Contact u

5 FAQ’s About Domestic Violence Cases

domestic violence case tips

5 FAQs about Domestic Violence Cases

Domestic violence is not a rare occurrence. In fact, it is a problem that is deeply rooted and we have statistics to prove it. As an example, domestic violence is the primary cause of injury-related fatalities and female homicide during pregnancy. This is why everyone should be well-informed about it.
Domestic violence can be committed by anyone no matter what your gender, religion, race, wealth, or sexuality may be. Here are the most frequently asked questions about domestic violence cases.

1. What actions are considered as domestic violence?
There are 4 common types of domestic violence. These are the things you should not be doing if you want to avoid getting charged with a domestic violence case:

• Physical assault such as shoving, restraining, kicking, hitting or pushing
• Sexual assault or forcing sexual acts without the consent of the other partner
• Psychological assault such as trying to isolate you from your loved ones, financial dependence, and verbal and emotional attacks
• Destruction of property

2. How does one respond to allegations of domestic violence?
The first thing to do upon being accused of this offense is to follow the orders of the court. You may be given a civil restraining order or criminal charges depending on the authenticity of the allegations. No matter what the case may be, the court will surely not allow you to make any contact with the accuser. Violating this rule may give you jail time, doing so will make your defense in trial weaker.

3. What are my legal options after I have been arrested?

A defendant must talk to a lawyer regarding his legal options. Cases like this can be solved in two ways: you can defend yourself from the allegations during the trial, or you can enter a no contest or guilty plea in exchange for lighter penalties as compared to what might be imposed. Deciding which way to go is hard because each option has its own pros and cons. A criminal defense lawyer can provide you his professional insights and we recommend that you consult a lawyer.

4. What are the penalties given for those who commit domestic violence?
Acts of domestic violence can be considered as either a misdemeanor or felony depending on the severity of the injury. Penalties may vary among different states. The offense is greater if the victim is a minor. Some of the penalties given to abusers include:

• Community service
• Jail time
• Paying a fine
• Anger management or counseling sessions
• Restraining order
• Revocation of parental rights
• Deportation for aliens

5. How can you make your domestic violence case stronger?
The strength of the evidence you present will play an important role in the court decision. Cases usually include recorded statements, video surveillance, medical examinations, and testimonies from law enforcers.

Get an attorney to help you with your domestic violence case
The effects of domestic violence cases are significant and long-lasting. If you have been charged with domestic violence and you feel that you have been wrongly accused, then you need a professional who can help you fight for your rights. We are here to help you fight your charges. Call our office today to schedule a completely no-risk, free case evaluation. 954 462-1005.