What Is Domestic Assault? What You May Not Know About Domestic Violence

What Is Domestic Assault? What You May Not Know About Domestic Violenc

Domestic violence is an issue that frequents headlines, but what is domestic assault exactly? Here’s what you may not know about domestic assault.

Keyword(s): what is domestic assault

With a nation in quarantine, cases of domestic violence are spiking. It’s an unfortunate truth that many people are suffering in their home lives, and the stress of being stuck at home without a way to escape is causing many individuals to lash out at their loved ones.

In some instances, people are even wrongfully accusing their family members and housemates of assault.

What is domestic assault, and how can you protect yourself if you are accused?

Fortunately, there are ways that you can defend yourself after an allegation is placed. Here is a brief guide explaining domestic assault, and what you can do after being charged with assault. 

What is Domestic Assault?

When it comes to assault and domestic assault, there are various charges and definitions based on the degree of the assault. Here is a brief overview to explain the various degrees of assault and domestic assault.

Assault in the First Degree

Assault in the first degree is classified as an individual attempting to kill or otherwise seriously harm another person. These attempts have to be intentional by the perpetrator in order to be considered assault. First-degree assault charges are a felony and are subject to serious consequences.

Assault in the Second Degree

Assault in the second degree could be referred to as a crime of passion. This happens when an individual attempts to kill or otherwise seriously harm another person while under the influence of an emotional surge. There is often no direct cause for these outbursts aside from the emotional power behind the actions.

The individual can be convicted of second-degree assault for using a weapon or tool to harm the other person involved, or if they attempt to injure them while abusing substances. 

Assault in the Third Degree

Assault in the third degree involves one individual recklessly attempting to injure another individual, whether directly or indirectly. This could involve purposefully placing another person in harm’s way, using a tool or weapon to inflict harm, or if the instigator purposefully acts in a way that they know will upset the victim. 

Domestic Assault 

Domestic assault shares many similarities to the various degrees of assault and can be measured in the same fashion. However, domestic assault is classified as the actions being taken out on a family member, spouse, romantic partner, or any other member of your household.

The various degrees of domestic assault line up with other forms of assault charges. 

What to Do if You’re Charged With Domestic Violence

If you have been charged with any degree of domestic violence, then you need to start preparing yourself immediately. Here are some steps you should take after being charged. 

Hire an Experienced Criminal Defense Lawyer

Your first step in this situation should be to immediately contact a lawyer to protect you. They will be able to help you figure out your next steps, as well as get you on the path to winning your trial. In a worst-case scenario, they will at least be able to lessen any potential punishments you may receive.

You’ll want to find someone who not only has lots of experience in the field but someone who believes in your case and feels confident supporting you. Find someone knowledgeable with your state’s laws and regulations to protect yourself from allegations.

Obey the Terms of any Criminal Orders of Protection

Although you may want to return home and try to get answers from your family members or housemates about what’s going on, it’s important that you follow any protection orders that have been put in place. If you are discovered to have broken these orders, then you will have a much harder time defending yourself in court. You may even suffer harsher charges, as you were willing to disobey orders.

Go over any orders you are given with a fine-toothed comb and obey them as strictly as possible. Your lawyer can help walk you through the orders to give you a better understanding of the rules you need to follow.

This includes partial orders of protection, too; this type of order is often filled with grey areas that leave a lot up to interpretation. Run through these rules with your lawyer to determine your next best steps to take. 

Consider Seeking Therapy

You are going to be under a lot of stress as you wait for a resolution in your case, and you may find yourself struggling to cope. If this is the case, you may want to seek out therapy for yourself to get you through to your court date.

Your therapist will be able to help you not only with your own emotions, but they may be able to help you rebuild your family relationships as well. Seeking therapy can also help in your court case, as it shows you have attempted to receive assistance for your actions.

Prepare for Your Court Date

Work with your lawyer to prepare yourself for your court date. Lay out what you want to wear, know what time you need to arrive, and how you should behave during the trial. Your lawyer will be able to walk you through anything you are uncertain about, so don’t be afraid to ask lots of questions.

Your lawyer will also be able to speak with you about any fees you owe before your scheduled court date, as they will need to be paid off before your trial. You will be able to pay in cash, check, or card, so don’t worry.

Move Forward Confidently

Answering the question “What is domestic violence?” can help you keep yourself and your family safe from harm. Keep these tips in mind if you’re ever in a bind to give yourself the confidence to move past your allegations.

Were you charged with domestic violence and aren’t sure where to turn?

We’re here to help. Contact us with any questions or concerns you may have, and continue reading our blog for more helpful information.

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