Domestic Assault

Domestic violence is a serious issue that covers a range of charges, such as false imprisonment, stalking, assault, and sexual assault. A significant charge within domestic violence cases is assault, which can also include aggravated assault. When law enforcement gets involved in a domestic situation, things can escalate quickly.

An officer can make an arrest on the spot, even without a warrant. Once the case goes to the district attorney, the victim might not have the option to drop the charges. In these situations, the person accused will need help from a dedicated and experienced Wheeling criminal lawyer to navigate the legal system and protect their rights.

Special Investigative Powers of Police

Police have special authority in domestic violence cases. They can arrest someone without a warrant if the alleged crime involves:

• Assault
• Aggravated assault
• Involuntary manslaughter
• Stalking
• Reckless endangerment
• Terroristic threats

However, for an arrest to be made without a warrant, there must be corroborating evidence, such as visible recent injuries on the victim. Law enforcement must also confiscate any weapons used during the incident.

When it comes to assault cases, bail conditions are often put in place. These may require the defendant to stay away from the victim’s home or workplace and to avoid any further criminal acts against them. If you’re charged with assault involving someone you live with, finding another place to stay can be difficult and expensive, especially if it’s for a long time. A skilled Wheeling DUI attorney will work to show that their client is not a threat to the victim, aiming to minimize these burdensome bail conditions. Violating bail conditions can lead to being arrested again and losing your bail money.

Domestic assault charges can create many problems beyond just legal ones. Staying in a motel temporarily can be a financial burden and make it hard to keep up with bills. Moving in with family or friends can strain relationships and add stress for everyone. Your job performance could suffer, and you might even lose your job due to time spent in jail or simply because you’ve been charged. The community’s reaction can also be unpredictable. People might read about the charges in the newspaper and assume guilt without knowing the facts, leading to social isolation and damage to your reputation. A Wheeling criminal lawyer can help manage these complex issues.

Domestic Assault Protective Orders

Victims of domestic assault have the right to get a protective order, which is a key step to ensure their safety. This legal tool is designed to keep the defendant away from the victim. It can prohibit any contact and require the defendant to move out of a shared home.

In some situations, protective orders can also cover:

• Child custody arrangements
• Financial responsibilities like child support

The court might also restrict the defendant’s access to firearms and order them to pay restitution to the victim. All these measures are decided by a judge. It’s crucial to understand that violating a protective order has serious consequences. A breach will result in being held in indirect criminal contempt of court, which can lead to a $1,000 fine and a jail sentence of up to six months. Domestic assault charges must be taken seriously due to their significant legal effects. An experienced Wheeling criminal lawyer can provide guidance.

Facing Domestic Assault Charges?

If you are facing domestic assault charges, it’s vital to have the support of an experienced attorney who specializes in criminal law and domestic violence cases. At Logue Law Group, our criminal lawyer team is dedicated to getting the best possible outcome for our clients. We serve Wheeling, Pittsburgh, and Ohio, and we offer free initial consultations. To discuss your case, contact Sean Logue and his associates at 844.PITT.DUI or reach out to our Wheeling DUI attorney online.