In the most general sense, domestic assault and abuse are two distinct forms of violence. However, people often confuse the legal distinctions between the two.
If you’re being accused of either, you should understand the differences between the two terms. Doing so will help you protect yourself against allegations and their consequences.
In this article, we broadly examine the primary distinctions between domestic abuse and assault, what constitutes each act, and how the law treats both offenses.
Legally Defining Domestic Abuse
In general, the term “domestic abuse” encompasses a wide variety of actions.
Examples include:
- Isolation
- Coercion
- Verbal abuse
- Sexual abuse
- Physical abuse
- Religious abuse
- Financial control
- Emotional abuse
- Psychological abuse
Domestic Abuse Is Not Necessarily Illegal
Most of us recognize the harm that abuse can cause, but many forms of abuse don’t cross a legal line. Emotional abuse, for instance, can be constantly belittling or criticizing someone. The victim could suffer from this torment. If the abuse, however, is not a direct threat, it may not be punishable in a criminal court.
Financial abuse is another form of domestic abuse where one partner manipulates the other’s finances. Without direct fraud or coercion, this may not be a criminal act.
Handling Domestic Abuse in a Family Court
Because many forms of abuse are not directly illegal, they are often handled in family court. Abusive behavior can result in restraining orders. The alleged victim could also receive more money or property in a divorce settlement.
Legally Defining Domestic Assault
Generally, domestic assault is a direct act or threat of physical violence. It can involve physical or sexual abuse.
We often associate domestic abuse as happening between intimate partners. This is true, but the definition goes much further than that.
It can include:
- Family members, even estranged ones.
- People you live with, even roommates with whom you have a romantic relationship.
- Potentially anyone with whom you’ve had an intimate relationship. This includes everything from a one-night stand, a casual relationship, a marriage partner, or an ex you haven’t seen in years.
Criminal Penalties for Domestic Assault in Virginia
A first offense of domestic assault or battery is typically charged as a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.
A second or subsequent offense will result in more severe penalties, including mandatory minimum sentences and fines.
If domestic abuse involves strangulation, it is considered a felony offense. The accused could face between one and five years in prison, as well as substantial fines.
Threats, harassment, and stalking can also be lumped in with domestic abuse allegations, but they are typically treated as separate charges.
Defending Against Domestic Abuse Allegations
If you have been charged with this offense, seek legal representation right away. Here are some strategies that your attorney can employ to help you fight the charges.
- Self-Defense
If you were defending yourself or another person from harm at the time of the alleged assault, you can use this defense. Your attorney will need to prove that you had a reasonable belief that you or someone else was in danger, and your actions were necessary to prevent harm. - False Allegations
Unfortunately, false accusations of domestic assault are common. Your attorney may argue that the accuser has a motive to lie, such as jealousy, revenge, or an attempt to gain an advantage in a divorce or custody dispute. - Lack of Evidence
The prosecution must prove your guilt beyond a reasonable doubt. If there is not enough evidence to support the charges, your attorney may argue that the case should be dismissed. - Mental Incapacity
If you suffer from a mental illness or disability that impairs your ability to control your behavior, your attorney may argue that you were not mentally capable of committing the offense. This defense, however, could lead to mandatory hospitalization, so use it only when you need serious professional help.
Whether you’ve been criminally accused, or you are fighting allegations in family court, you deserve a good defense to protect your freedom, reputation, and finances.
Andrew J. Cornick, Attorney at Law can help defend you against domestic battery allegations. To let us review your case, contact our team online or call our office at (540) 386-0204.