Domestic Assault Lawyers in Clarksville Assisting Clients in Responding to Charges of Domestic Violence
If you’re facing criminal charges involving domestic violence, it’s important to take them very seriously. A domestic assault conviction can impact what jobs you can hold in the future, and it can also mean time in jail and other penalties. Below you can find an overview of domestic assault charges for general information purposes, but it’s important to reach out to an attorney in a timely manner to discuss your specific case.
Respond to criminal charges quickly when you work with one of our domestic assault defense attorneys. The law firm of Hibbeler & Associates offers clients a free consultation so you can discuss your case and find out how we can help before you hire us.
What Is a Domestic Assault Charge?
Domestic assault is the formal legal term for physical domestic violence charges. These charges involve causing a family member or household member physical harm. While domestic violence can also include emotional abuse and financial abuse, as well as physical abuse, domestic assault legally refers to only physical altercations.
What Is the Difference Between Domestic Assault and Aggravated Domestic Assault?
When you are charged with domestic assault, you will either be charged with simple domestic assault or aggravated domestic assault. Domestic assault is a misdemeanor charge, but aggravated domestic assault is a felony. A domestic assault charge can be upgraded to aggravated domestic assault when the incident involved a deadly weapon or there was strangulation involved.
What Is the Possible Sentence If Convicted?
The penalty for a domestic assault charge, if you are convicted, is up to one year in jail and a fine of up to $2,500. An aggravated domestic assault conviction is more serious because of its felony status. It carries a possible sentence of up to 15 years in prison and a fine of up to $10,000.
Can the Victim Drop the Charges Against Me?
It’s not uncommon for an alleged domestic violence victim to want to drop the charges after they are filed, but this isn’t actually possible. Because criminal charges are a legal matter brought about by the prosecutor, only the prosecution can drop or dismiss the charges.
How Can I Get a Domestic Violence Charge Dismissed?
Your attorney can talk with you about your case and what the options are for trying to get domestic assault charges dismissed due to lack of evidence — which is often a possibility when the other party refuses to testify — or pled down to a lesser charge.
What Does It Mean If Someone Is Granted an Order of Protection Against Me?
When domestic charges result from an incident and a police officer had to respond, it’s not uncommon for the alleged victim to ask the courts for an order of protection. If granted, this means that you are court-ordered to stay away from and have no contact with the victim until the initial hearing. At this point, both sides will present their argument for why the order of protection should be continued or not, and the judge will make the decision.
How Long Is an Order of Protection Valid?
A temporary order of protection is valid for 15 days or until the first hearing can be scheduled. If the order is extended, it is usually good for one year. However, if there is a track record of violating previous orders, it’s possible for the judge to issue a permanent order.
What Is Needed to Get an Order of Protection?
To get an order of protection, the victim must show evidence that they have reasonable grounds to be in fear of their safety. This could be evidence of verbal threats and harassment from the defendant or a previous physical incident.
What Do Domestic Violence Lawyers Do?
Domestic violence attorneys provide legal help to their clients to ensure that they understand the charges against them and the legal options for defense. These attorneys can look at all the evidence to see where there might be holes or confusion, be your representative in court, file motions, and make appeals on your behalf. At Hibbeler & Associates, we also help military service members understand how domestic assault charges can impact their military career and what steps they can take to protect it.
There’s no time to waste when you’ve been accused of domestic assault. Contact our law firm by calling 931-236-2711. Schedule a free consultation and speak to a criminal defense attorney about the legal services we offer and how we can start working on your case.