Proving Domestic Assault in a Criminal Case

In most scenarios, criminal charges in a domestic abuse case originate with a victim calling police or a victim visiting a police station.  In addition, a neighbor or family member may call police if they believe the victim is suffering domestic abuse.  In a criminal case, after the police report is filed, the prosecutor decides whether to pursue the claim.  The prosecutor must file charges within a state’s statute of limitations, usually within three years.  In addition, the prosecutor must seek the assistance of the victim to appear as a witness in the criminal case.  Proving domestic assault in a criminal case is nearly impossible without the cooperation of the victim.

Domestic Abuse

Domestic abuse encompasses a wide range of abuse.  Domestic abuse can include emotional and mental abuse in addition to physical abuse.  Domestic abuse is not limited to abuse that can be seen, but can be willful neglect, mistreatment, economic abuse, or sexual abuse.  Domestic abuse happens to both genders and all age groups and the offender can be a grandparent, a child or even a caretaker.  However, each state may treat the level and characteristic of domestic abuse differently.

Proving Domestic Assault

While each state’s penal code differs slightly, generally to prove domestic assault in a criminal case the prosecutor must first establish that the victim and the offender are involved in a domestic relationship.  A domestic relationship is an intimate, personal relationship that is not only limited to individuals that co-habitate, but may also include partners that live in separate homes or ex-spouses. 

After the prosecutor successfully establishes a domestic relationship, the prosecutor must next prove the elements of an assault.  The elements for domestic assault are the same as the elements for a standard assault.  To prove assault the prosecutor must show that the offender acted with the intent to cause an apprehension in the victim that harmful or offensive contact between the victim and the offender would occur.  The victim will describe the apprehension and the jury, or the judge, will compare that apprehension with the apprehension a reasonable person would feel in the same situation. 

Getting Legal Help

If you have questions about proving domestic assault, contact an experienced criminal attorney in your state.  A criminal attorney will understand how a prosecutor proves a domestic assault case and the best way to defend against a criminal assault charge.