What Does Domestic Violence Battery Mean?
Domestic violence is generally defined as a violent crime committed within the intimate context of a relationship. A domestic violence battery charge is any intentional act of physical force or violence against another person within the confines of an intimate relationship. Domestic violence is not limited to family relationships anymore. Domestic violence is defined as the use of force, coercion, or violence to control another person. This crime is understood by the state and law enforcement officials can prosecute defendants.
Domestic violence battery is not like other random crimes, because the perpetrator and the victim are known to each other. They are intimate partners, relatives, or co-parents of a child or children. The victim is thereby bound to the perpetrator through a relationship. One instance is when the perpetrator is the one who provides financial support and/or child support to the victim. A pattern of escalating domestic violence in which one of the partners controls the other by force, deprivation, and/or threat of violence is called “ongoing domestic violence”.
This means the alleged victim must be a close relative or a person who shares the parenthood of a child in common with the offender. The offender could also be a close friend of the alleged victim in order to be charged with domestic violence battery. This is an extremely serious offense that can result in a jail sentence and/or loss of your freedom. If you have been charged with a violent act against a family member, the first step is to contact a lawyer who specializes in these cases.
How Do I Fight This Charge?
The most important aspect to remember about a domestic battery charge is that it is not always easy to prove guilt. The prosecution must show beyond a reasonable doubt that the alleged act occurred. If the alleged victim is the spouse of the accused, the accuser has a good chance of proving guilt. It is vital to understand that even if the alleged victim is not a spouse, it still counts as a domestic battery charge.
Domestic violence battery charges are prosecuted in Court, and in general, are prosecuted more aggressively than other types of cases. Gary L Guymon PC attorneys are well versed in the laws concerning Domestic Violence Battery and are able to aggressively defend you. The prosecution is responsible for proving the guilt of the defendant. The prosecutor will also be looking at a victim’s vulnerability. This can result in increased restrictions during the pre-trial phase and more serious penalties after the plea. In addition, the judge can take the victim’s statement as the absolute truth. It’s crucial for the accused to work with an attorney to maximize their chances of a dismissal or re-directed charge. The accused should always be prepared for a court appearance. It is crucial to prepare for the trial by preparing all defenses and witnesses. Contact us today for a free case evaluation.
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