Due to the unique nature of this type assault cases, there are certain rules and complexities that exist in a domestic assault. Domestic assault occurs between adults or minors who are current or former spouses; adults or minors who live together or who have lived together, who are dating or who have dated or who have or had a sexual relationship; adults or minors related by blood or adoption; married or formerly married individuals or children of any couples in a relationship described above.
One who pleads guilty or is found guilty of a domestic violence offense faces potential jail time (mandatory after a first offense); must terminate physical possession of firearms; and often is required to complete a batterer’s intervention program. Any jail sentence under this section must be completed daily for the day.
One of the many complexities in domestic assault cases comes from the no-contact order issued after the arrest of an alleged Defendant. The police are required to arrest the initial aggressor if they are called to investigate a domestic dispute. Once an arrest is made, a condition of bond includes a no-contact order. This can be difficult for couples living together and particularly difficult for couples with children.
Additionally, once an arrest is made, the alleged victim does not necessarily get to make the final decision on whether or not the arrestee is prosecuted even if he/she does not wish to testify against him or her.
If you are charged with domestic assault it is important that you contact an experienced criminal defense attorney to protect your rights and your family. Contact Best and Brock today! We can help you wade through these messy cases with as much ease as possible.