The typical scenario that plays out in a domestic violence situation is one where the people involved are married. But, it is not a requirement that the parties be spouses in order for domestic violence charges to be filed. In some cases, it is not even required that there actually be any physical action taken in order for a domestic violence charge to arise. This information might catch you off guard, especially if you have been charged with domestic violence and are wondering what type of defense is best.
Domestic violence can encompass any of the following things, between married or unmarried persons:
• Physical aggression, such as hitting, kicking, and slapping. Any action that causes a physical injury, and was done intentionally, could be classified as physical aggression.
• Injury to a pet.
• Verbal threats might also be considered domestic violence.
This list is not complete, and the specifics of your case will come into play when you go to Court to defend these types of charges. And, while it is not required that the actions take place between spouses, the law does require that the incident be between “family or household members.” A family or household member certainly includes your spouse, but it also includes your children or any persons living together as a family. This definition extends to those family members that are related to you by blood or marriage. It is also enough if the person was someone with whom you used to reside as a family member. Or, if you have a child with another person, but never lived together, that person is considered a family member by virtue of being the parent of your child.
As you can see, the law can become complex in this area, and these complexities only cause more confusion when you are facing a domestic violence charge. It might be that you have not been allowed to see your kids, or go to your house, if you have been charged with domestic violence. In order to rectify that situation, you must act fast to protect yourself. Call us today to find out what to do, and let us help you put your family back together.
If you have questions about domestic violence cases, call our office for answers. Call an experienced criminal defense attorney in Key West. Call us today to talk about your case and learn what to do next.