Fighting For My Freedom

Getting to the Bottom of Domestic Assault Charges

Domestic violence is one of the most difficult issues people face today. Often, these types of charges are the result of two people living in one home or with some relationship with each other. Assault can occur alongside ongoing abuse, but in other cases, it occurs less frequently.

These are some facts everybody needs to know about domestic assault charges and hiring a helpful attorney.

Why Might Somebody Face Domestic Assault Charges?

One reason why domestic assault charges might be involved is that officers responded to a case in which somebody appears to have been victimized by a housemate or intimate partner. They may have enough evidence to place charges without witnesses or victims. In other cases, a report may be filed later by the alleged victim.

There is a misconception that the victim is always the entity pressing charges. In fact, it is not the victim that presses charges but rather the prosecutor. The alleged victim cannot simply drop the charges after they have gone to court. Sometimes the prosecution may drop charges if little evidence is available.

What Evidence Is Used in Domestic Assault Cases?

A lot of evidence can be used against the defendant in court. Police reports, videos, photos, 911 calls, and written statements are all part of the case. Live testimony by officers, witnesses, and possibly even the alleged victim will be introduced into court as well.

Many people wonder if they can be forced to testify in assault cases. The victim may be called to testify but likely will not be forced to, and the defendant cannot be forced to testify either. Others may be subpoenaed, which means they must appear in court.

What Are the Punishments for Conviction in Domestic Assault Cases?

The punishment after conviction for domestic assault will vary from situation to situation. In some cases, the jail will order jail time. In other cases, the judge may order counseling, probation, anger management, or even prison in severe cases.

In some cases, the accused will request a restraining order. The restraining order is meant to protect victims of domestic assault, and it can also cool off each party to relieve tensions temporarily.

Should You Hire a Domestic Assault Attorney?

No matter the charges involved, it is always a good idea to hire a domestic assault attorney. An attorney will help you take the necessary steps forward. Your attorney will also represent you in court and ensure that you have all the resources you need to be successful.

If you have more questions, contact a law firm, such as Giancola-Durkin, P.A.