As previously discussed on this blog, domestic violence accusations can stem from different types of harm that occur between individuals in different domestic relationships. Commonly, individuals involved in domestic violence situations live in the same household or are involved in a romantic relationship. The forms of harm that can occur between them may involve sexual, emotional, or physical abuse.
In some cases, a claim of domestic violence may involve another type of crime, particularly when physical violence allegedly occurred between the parties. An assault may occur when a domestic violence incident happens, and the remainder of this post will discuss just what elements must be proven for a person to be convicted of an assault.
There are three situations under which a person may claim that they were assaulted. First, the alleged perpetrator of the assault must intentionally or knowingly cause another person bodily harm. Reckless actions may also serve as the bases for assault claims. Second, if actual physical contact does not happen between a perpetrator and their victim, the victim must fear that imminent bodily harm is possible given their situation.
Finally, an assault can happen when an alleged perpetrator knowingly, intentionally, or recklessly commits unpleasant physical contact with their victim to such a degree that a reasonable person would find it offensive. The penalties that courts may hand down for convictions of assault and other crimes related to domestic violence can be significant, and individuals do not have to face these serious charges on their own. Legal support for family law and criminal defense matters like domestic violence should be sought from attorneys who practice in both areas of the law.