4 Myths About Domestic Violence Charges

Law Blog

A domestic violence charge is a serious offense that can affect the rest of your life. While surprising to learn, an estimated 60 percent of all adult arrests stem from some sort of domestic violence. Whether you have been falsely charged or have admitted to a physical altercation with a spouse or partner, understanding the severity of a domestic violence charge is imperative. Even though so many people are arrested for this offense, most people are not familiar with this charge. This guide will help you learn the truth behind a few common myths regarding domestic violence charges.

Your Partner Can Dismiss the Charge

One common myth you may have is that your spouse or partner can dismiss the charge against you after calming down and taking time to think things through. Unfortunately, this is not true.

Things happen in the heat of a moment. Therefore, your spouse or partner may have called the police and charged you with violence before seriously considering the ramifications. It is important to remember that physical violence is not acceptable, but any complaint to the police and charge against you for violence must be taken seriously.

Once charged, the victim can recant their statement, but the police may still pursue charges against you, so your domestic violence charge might not be dismissed.

You Won't Got to Jail

Another common misconception you may have is that you will not do any time in jail for a domestic violence charge, especially if this is your first offense. Again, this is a myth that must be addressed so you can understand the severity of this charge.

Recent reports have shown only 2 percent of offenders will spend time in jail due to their domestic violence charge. However, determining if you will go to jail for a period of time will depend on a few factors including your state and the severity of the charge.

If you have been charged, jail time may still be a possibility even if your criminal record is clean.

You Can't Be Charged Because There Is No Physical Injury

One of the most common myths people believe about domestic violence is that a person cannot be charged unless there is some sort of physical injury to the victim. While shocking to learn, domestic violence can be either physical or emotional.

Hitting, slapping, kicking, beating, and using a weapon on another person are all considered types of domestic violence. In addition, verbal abuse and threatening a person with harm may also be considered domestic violence.

You may think threatening your spouse or partner cannot result in a charge, but that is not the case, since actual physical injuries are not necessary for filing this charge against you.

You Don't Need a Lawyer

After being charged, you may wait to consult a lawyer because you feel your partner will drop or dismiss the charges but do not wait to contact a domestic violence lawyer.

An attorney can help you navigate your case and all the mitigating factors involved in your case, working on your behalf.

If you feel you are innocent, your attorney will fight on your behalf to get the charge dismissed. Legal help is also beneficial for contacting witnesses who may be able to help your case.

If you are found guilty, an attorney can help you get the charges lowered. For example, if you were charged with assault, certain stipulations may allow the lawyer to get the charge dropped to a misdemeanor.

Because an assault charge may result in more court fees and a longer jail period in jail than a misdemeanor, having your charges dropped can be extremely beneficial.


28 August 2018

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