Every couple argues from time to time. It is almost impossible for two people to agree on everything, especially in today’s stress-inducing, high-conflict world. However, there are some instances where one or the other may cross personal boundaries and end up in handcuffs.
Domestic assault and battery is a criminal charge under the law and will result in arrest.
What is different about domestic assault?
Domestic assault or battery is unique in that it involves two or more people who live in the same household and have a relationship. This includes:
- Spouses
- Children
- Parents
- Cousins
- Siblings
- Grandparents
- Roommates
If any of the above live together and one commits a physically aggressive act against the other, a domestic assault charge may occur. If the police arrive on the scene of a domestic assault, they must arrest the aggressor regardless of circumstances or injuries.
What is the definition of assault and battery?
When one person becomes physical with the other and commits an overtly violent act, it may qualify as assault under the statute. In a domestic instance, it typically means one person pushes or knocks down another resident in the home. There are some instances where a verbal threat may also qualify under the statute. If someone in the residence feels there is an imminent threat of harm by another in the home, the police may arrest the aggressor and charge him or her with domestic assault. A person may face charges of domestic battery if he or she punches, kicks, spanks, smacks or hits another in the home.
What is the typical punishment for domestic assault?
Under the law, domestic assault is a Class I misdemeanor crime in the state. If the aggressor goes to court and the judge hands down a guilty verdict, he or she may get up to one year in jail. Domestic assault and battery charges vary based on the severity of the injuries.