Domestic Assault

What you need to know about Domestic Assault.

Domestic Assault has the same general definition as general assault, except it is charged when the alleged victim of the assault is a member of the offender’s household, family, or with whom the offender has or has had a significant sexual relationship. Therefore, a person can be charged with domestic assault against a former spouse, an ex-lover, a current lover, a child, uncle, brother, aunt or mother.

Accusations of Domestic Assault can lead to criminal charges, and/or the imposition of a protective order such as a DANCO, or Order For Protection.

What is Domestic Abuse or Assault?

Assault is defined as the intent to cause actual harm in another, or the intent to cause fear of harm in another.

A Family or Household member is defined as:

That means if you’re convicted of one kind of Qualified Domestic Related Offense such as a misdemeanor domestic assault, a conviction for that can make a later charge of Violation of a DANCO more serious as a Gross Misdemeanor. Then if you get convicted of that and charged with Interference with a 911 call within that 10-year period, you could get charged with a felony.

What Happens If I’m Charged with Domestic Assault?

If you are charged with a Domestic Assault, chances are that a court will impose a no-contact order called a DANCO to prohibit you from contacting your accuser. You will then be subject to the criminal legal process, which affords you the right to contest the charges and take the matter all the way to trial.

Are There Defenses to Domestic Assault?

Yes. While often the matter ends up being he said/she said, that doesn’t mean that the accuser will always be credible and you will be convicted. Every case is different, which means every case has a story to tell. If you or someone close to you has been charged with Domestic Assault or a related offense, Catherine can help. She has years of experience representing clients accused of Domestic related crimes and can help you tell your story. Call today for a free consultation and to start preparing your defense.