Being accused of domestic violence is a stressful and complicated process. A simple argument or unresolved emotional issues between close individuals can lead to a physical altercation. Even if the original intent was not to cause harm, an accumulation of good intentions executed poorly can ruin someone’s reputation and even send them to prison. Anyone with close relationships with others has a chance of being charged with domestic violence, but learning more can lead to a better outcome.
What is Domestic Violence?
Any kind of violent act committed by someone within the victim’s home, personal life, or “domestic circle” is considered domestic violence. This includes violence committed by a spouse, ex-spouse, close friend, or family member, but the closeness in the relationship between the victim and the accused is a key factor in the designation of domestic violence. A violent act is can be any of the following:
– Physical abuse: physically hitting an individual with their body or a weapon
– Sexual abuse: any and all unwanted sexual contact
– Emotional abuse: an accumulation of verbal threats or attempts at emotional control
– Financial abuse: using money to gain control of an individual
Each of these elements is a qualifier in domestic violence. In domestic violence cases, the prosecution may collect evidence of one or all of these in their case against the defendant.
What happens if I’m accused of domestic violence?
Being accused of domestic violence has far-reaching consequences even if you are not convicted in the end. The steps you should take immediately following a legal complaint depend on the type of crime in question. For example, if the police are called during, or immediately following a domestic dispute involving physical violence, then the police will investigate the nature of the injuries and collect evidence that indicates who acted as the “primary aggressor.” Depending on the situation, the police may make an arrest regardless of whether the accuser chooses to press charges or not. If you are arrested, do not talk to the police any further. Immediately call your defense attorney for legal counsel.
In situations where an arrest is not made, you can expect the officers to make a domestic incident report where they gather the evidence and collect statements from witnesses and signatures of those involved. This will be filed in the event that another domestic dispute arises, law enforcement will have a record that will help them determine whether they will move forward with an arrest. The filed dispute can also be used if the accuser wishes to file a protection order against you, which will also influence law enforcement in future domestic disputes in which you may be involved.
Regardless of the intentions of either individual, domestic disputes can cause confusion and heartbreak for everyone involved. If your spouse, partner, or family member accuses you of domestic violence, even if the police are not involved, it’s imperative you seek experienced legal counsel as soon as possible. Contact the Law Office or Kevin B. Ross, P.C. through our online form, or call (214) 833-9414 today to schedule a consultation.
Law Office of Kevin B. Ross, P.C.
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