Domestic assault is a serious crime and one that is taken quite seriously by the court systems. Whenever the domestic assault lawyer presents those charges to the courtroom, it is hard for the crown attorney to withdraw the charges, consider the assault a simple misunderstanding or allow the victim to settle it at the grassroots level.
According to the courts, a domestic assault should be treated seriously and strictly, putting the safety of the victim and the complainant in the first line. Whenever you are faced by domestic assault charges, whether you are a victim or a complainant, it is advisable to seek the help of an experienced domestic assault lawyer.
- Understanding Domestic Assault
According to a domestic assault lawyer, a domestic assault is an assault between people with a relationship, married, family relationship, or dating.
One is said to have committed a domestic assault if the following happens:
- Threatens someone through words
- Gestures that could mean an assault
- Physically assault the other person
- A threat against the other person
Note that a physical assault may not have happened but if the victim believes there was a threat directed to him/her, the police can arrest you.
- Domestic Assault Arrests
Whenever police come to the crime area and find enough evidence that the assault has taken place, they MUST arrest the culprit and take them into custody.
The arrest must happen regardless of the age of the accused since the police:
- Has no discretion
- Must take the perpetrator into custody
- Must arrest
- Must hold the accused waiting for a bail hearing
- The Domestic Assault Charged Is Lay By The Police And Not The Victim
Domestic assault lawyers have seen it more often than many people think that the victim lays the charge. That is not true. The police lay the assault charges based on the information they get from the witness and the victim of the domestic assault
Although the accused and the victim may be silent on making more complaints to the police, the police in charge should continue with their independent investigation.
- Arrests Must Be Made For Domestic Assault
Upon establishing beyond reasonable doubt that the domestic assault has happened, the police MUST make an arrest and take the accused into custody. At this point, the victim doesn’t have any control over the arrest and cannot withdraw the complaint.
Besides, the victim cannot plead with the police to drop the charges nor the attorney general to terminate them.
Crown attorneys are trained on how to handle domestic assaults and therefore strict rules are adhered to.
- What Happens After You Are Charged With Domestic Assault?
Whenever you are arrested by the police for domestic assault, they take a photograph and your fingerprints. You are then held in custody until a bail hearing takes place.
The bail hearing takes place so that:
- The accused identity is proven
- To be sure the accused will attend a court hearing
- To be sure all the evidence has been collected
- To bar the accused from committing the offense again
Therefore, a bail hearing takes place to ensure the accused appearing in court and will not commit the same offense again.
- Domestic Assault Bail Hearing
During the bail hearing (at this time the accused is held in a jail cell), the judge reviews the case awaiting the trial. At the hearing, the judge either can order the accused to be released from the custody and wait for the trial while outside the cell or can order the accused to remain in the custody until the trial.
Therefore, the accused should hire a professional domestic assault lawyer so that he can ensure he gets a release and lenient bail conditions.
- Bail Conditions For Domestic Assault Cases
If the release warranty is issued, it usually comes with some conditions, which may include the following:
- The accused not to contact the victim
- Not live at the same place with the complainant
- Not take alcohol or any drugs
- Any other preferred conditions deemed necessary by the court
If the accused is comfortable with these conditions, the judge releases him on recognizance (a promise that the accused will adhere to such conditions issued by the court). If such conditions are violated, the accused can be arrested and denied bail until the trial date.
Rachel Dixon works on travel and features at Daily Mid Time