Defining Domestic Violence

30 May 2019 by Jonathan Phillips

Being accused of a crime is scary for most people. This is even more true if you believe you are innocent. A domestic violence charge be particularly daunting. These cases are typically highly emotionally charged and often come down to a "he says, she says" situation. A conviction could result in a loss of child custody, cost you your primary residence, prevent you from obtaining certain types of employment, and likely leave you with a permanent criminal record.

What Is Domestic Violence?

Laws vary by state, but in general, a domestic violence charge occurs between a married couple, either currently or previously; a couple in a dating relationship; an unmarried, cohabiting couple; a couple, married or unmarried, who share a child; and any two or more people who live together. This may be roommates or family members. Domestic violence is either an assault or battery by anyone in these relationships.

What Constitutes Domestic Violence?

There are multiple answers to this question, and legally, it is typically determined by the severity and nature of the crime.

Domestic Assault — A domestic assault charge does not usually require physical injuries. Verbal abuse, emotional abuse, economic abuse, threats, intimidation, coercion, destroying property, and using children to control the other person can all warrant domestic assault charges. These charges can be difficult to prove, but they can also be extremely difficult for the accused to defend themselves against. These types of domestic assault charges are not uncommon when couples are separating, and emotions are high.

Aggravated Domestic Assault — An aggravated domestic assault charge does require physical injuries, which may be minor or severe. The injuries may encompass physical assault, sexual assault, or both. Physical assault includes not only things like hitting, slapping, punching, and kicking but "lesser" offenses such as hair pulling as well.

Stalking — Stalking is when someone continually contacts another person who has requested any attempts to contact cease. For example, if you and your spouse are separated but not living together and you show up at their work or follow them around to see what they are doing when they have asked you not to, this is considered stalking.

Aggravated Stalking — Aggravated stalking is stalking that occurs in violation of a court order. For example, if you have been charged with domestic assault and a restraining order was issued stating you must stay away from the person but continue to contact them, you are guilty of aggravated stalking.

Considering the potentially far-flung implications a conviction on a domestic violence charge could have and the severe penalties and fines for any of these charges, an experienced domestic violence attorney is a must.

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