Domestic Assault

Domestic violence charges are not a single offense but cover a range of statutes. These can include false imprisonment, stalking, assault, and even sexual assault. A common charge within the domestic violence category is assault, which can also be elevated to aggravated assault.

When law enforcement gets involved in a domestic violence incident, the situation can escalate rapidly. A police officer is empowered to make an arrest on the spot without needing a warrant. Once the case is handed over to the district attorney, the alleged victim might not have the power to simply “drop the charges.” In these complex situations, the person accused of the offense will need the guidance of a dedicated and experienced Steubenville criminal lawyer to navigate the legal system and ensure their rights are protected.

Special Investigative Powers of Police

In domestic violence cases, police officers have expanded authority. They can arrest an individual without a warrant for offenses like assault, aggravated assault, involuntary manslaughter, stalking, reckless endangerment, or making terroristic threats. However, this arrest typically requires corroborating evidence, such as observing recent physical injuries on the alleged victim.

Law enforcement officers are also mandated to confiscate any weapons that were reportedly used during the commission of the alleged crime.

Bail Conditions and Consequences

For assault cases, bail conditions are often strict. A judge may order the defendant to stay away from the victim’s home or workplace and prohibit any further criminal acts against them. If you are charged with assault following an incident with someone you live with, finding another place to stay can be difficult and expensive, especially if it’s for an extended period. A skilled Steubenville DUI attorney will work to present their client as a non-threatening individual to the victim, aiming to lessen these burdensome bail conditions. However, it’s crucial to understand that violating any of these conditions can lead to being re-arrested and losing your bail money.

Domestic assault charges create ripple effects beyond the courtroom. Needing to temporarily relocate can cause significant financial hardship and make it difficult to keep up with bills. Moving in with family or friends can strain relationships, adding more stress to an already difficult time. Your job performance can also suffer, potentially leading to job loss due to time spent in jail or simply because you have been charged with a crime. An experienced Steubenville criminal lawyer understands these collateral consequences. Furthermore, the community’s reaction can be harsh; people might read about the charges in local news and assume guilt without knowing all the facts, leading to social isolation and a damaged reputation.

Domestic Assault Protective Orders

Victims of domestic assault have the legal right to seek an order of protection, a critical tool for ensuring their safety. This court order is designed to keep the defendant away from the victim. It often includes provisions that prohibit any form of contact and may require the defendant to move out of a shared home.

In some situations, protective orders can also address matters of child custody and financial support. A judge has the discretion to restrict the defendant’s access to firearms and order them to pay restitution to the victim. It is essential to have a knowledgeable Steubenville DUI attorney to represent you during these proceedings.

Violating a protective order has severe penalties. Any breach is considered indirect criminal contempt of court. This can result in a fine of up to $1,000 and a jail sentence of up to six months. Domestic assault charges and their associated orders must be taken very seriously due to their significant legal consequences.

Facing Domestic Assault Charges?

If you are facing domestic assault charges, having the support of a lawyer experienced in criminal law and domestic violence is essential. At Logue Law Group, our Steubenville criminal lawyer team is committed to securing the best possible outcome for our clients. We serve Steubenville, West Virginia, and Ohio, and we offer free initial consultations to discuss your case. Reach out to Sean Logue and his associates at 844.PITT.DUI or contact us online to get the help you need.