Proving Yourself Innocent Of Domestic Violence

If you've been charged with domestic violence, you should understand these are extremely serious charges. Your first priorities are to seek legal help, get out of jail, and begin working on proving your innocence. While it may seem unfair, law enforcement has a tendency to consider domestic violence an "arrest now" offense, and it will sometimes unfairly view the situation. If you find yourself accused of this crime, you may have an uphill battle to clear your name. Read on to learn more about this charge and how to gain justice.

The difference in assault and domestic violence

The relationship between certain people is at the heart of domestic violence. Most people think of a boyfriend-girlfriend or husband-wife relationship, but this category of assault covers a much larger group of related people. The parties do not necessarily have to be related to each other, but they must either be living in the same home or have done so in the past. It's that last description that catches many by surprise. Even if someone has moved out, if two people once lived together, an assault between them will always be categorized as domestic violence.

Another myth is that people must be in some sort of romantic relationship to be charged with domestic violence, but that is not the case. If you have a roommate who rents a room from you and you barely have any relationship at all, any assault between you two would be considered domestic violence. There is one more somewhat surprising twist, if you ever had a child together, even if you never resided in the same home, any assaults are considered domestic violence. These conditions open the door for some of the following relationships:

  • spouses
  • ex-spouses
  • friends who are couch surfing
  • roommates
  • children, biological, step, and adopted
  • grown children
  • domestic partners
  • parents, grandparents, and more

What makes it domestic violence?

Any physical sign of injury can be construed, or misconstrued, as domestic violence. If a partner dials 911 and they have a scratch on their body, you may be arrested for domestic violence, if they claim you made the scratch. Obviously, hitting, pushing, biting, choking, kicking, and other violent acts qualify, as well. It's worth mentioning that when non-consensual sex (rape or sexual assault) occurs, it may also fall into the domestic violence category, but the charges will likely be more serious for such an alleged crime. In some cases, the charges carry an enhanced punishment if a child witnesses the violent act.

Falsely accused?

It's a sad fact that domestic violence happens all the time, many times resulting in permanent injury or death. It is also a sad fact that people make false accusations all the time. Waste not a minute before getting the help of a criminal defense attorney to help you fight those false charges.

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