Do you have an Assault Charge?
Assault – Family Violence:
By far the most commonly alleged assaultive crime is Class A Misdemeanor Assault Causes Bodily Injury involving a Family Member.
This is what the charge means:
Bodily injury- is defined as any pain, illness, or physical impairment. Physical impairment has been defined to include something as slight as a red mark.
Family Member- has been defined to include current spouse, ex-spouse, children, anyone that lives in the same household as the accused, someone you are dating, someone you used to date, and someone with whom you have a child.
These charges most often result when two people who are married or dating get into a heated argument. When that argument escalates into grabbing, pushing, pulling, or hitting and someone calls the police, Class A Assault Family Violence Charges result.
Most of the time, when the police are called someone is going to jail. Usually, it is the male that is arrested. Even when the other party does not wish to press charges, Family Violence is an area where the State completely takes over. The police will take over in the beginning making arrests even when alleged victims do not want an arrest made.
To gain release from jail a person accused of Assault-Family Violence will have to post some type of bond. Whether the person posts all the money himself or hires a bonding company, the bond process costs money.
In addition, assault family violence cases can result in an accused person having special conditions placed on his or her release from jail. One condition can be to not return to the residence of the victim. If the accused and the victim live at the same residence, the accused cannot go home without violating his or her bond conditions and risking re-arrest.
It is also common for victims of alleged Family Violence to seek Protective Orders in District Court. Alleged victims do this because the Prosecutor’s Office will represent alleged victims in protective order cases for free. Do not let a protective order be taken against you. Fight it. Issued Protective Orders carry many harsh consequences. The Order itself will include a finding that “family violence has occurred and is likely to occur again.” That is on your public record. You may be required to pay for and complete long and expensive “Batter’s” classes. You can be Ordered not to live in your own home if the person seeking the Order lives with you. If you work at the same job as the person seeking the Order, you can be ordered not to go to work.
Protective Orders can make it illegal for you to possess a firearm under federal law. This provision can subject you to federal prosecution. Violation of a Protective Order is, at best, a Class A Misdemeanor carrying up to one year in jail under State Law. If it is alleged that you have violated a protective order violently, you will be charged with a felony. You can face prison time for alleged violations of protective orders.