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Domestic violence cases are some of the most difficult and emotionally charged criminal court cases. If you are facing charges of domestic assault you are likely under an extreme amount of stress. Now is not the time to go it alone.
Being charged with a crime is difficult enough. When that crime is between family members, it makes it even harder.Charged with a crime in Iowa? Please call (888) 259-6838.
A domestic violence charge can rip families apart. Even if you are innocent of the charges against you, you probably feel like some people are judging you. Even friends and other family members can turn their backs on you in times like these.
This is when you need an advocate, someone on your side willing to fight for your good name. Having handled domestic violence cases in our local courts, our attorneys know what to expect and know there way around the courtroom players. Call today to discuss the details of your case.
Domestic Relationship Defined
Many people mistakenly assume domestic violence only happens in marriages. In all actuality, Iowa law defines several relationships as fulfilling the “domestic” aspect of this crime.
If you and the alleged victim had any of the following relationships, you could be charged with a domestic offense:
- Spouse or ex-spouse
- Former roommate or live in partner
- The father or mother of your child
- Your boyfriend or girlfriend
Ref: IA. St. §236.2
The domestic abuse charges you face can range in seriousness depending on the circumstances of your case and your criminal history.
Misdemeanor Domestic Assault / Abuse
Generally, for a first time offense, domestic assault is considered a simple misdemeanor, punishable by up to 30 days in jail and $625 in fines.
However, if the alleged victim was injured in the incident, the charge is elevated to a serious misdemeanor and carries a penalty of up to 1 year in jail and fines reaching $1875. This injury could be physical or mental, as in the case of depression or post traumatic shock.
Finally, if the prosecution can prove you acted with intent to inflict serious injury or if you use a weapon in the commission of the offense, you will face an aggravated misdemeanor charge. Aggravated misdemeanors can carry up to 2 years in prison and $6250 in fines.
Felony Domestic Assault
If this is your third or greater domestic assault case, you could face Class D felony charges. These serious charges carry a potential prison sentence of 5 years and $7500 in fines.
When determining if you are a repeat offender, the court does not factor in the victim. What this means is your second or third offense does not have to be on the same victim as the first offense in order for the charge to be elevated to a more serious level.
Ref: IA. St. §708.2a
In most cases of domestic violence, a protection order will be taken out. It is crucial you abide by the terms of this court order. Take a look at my page on protection orders for additional information about this.
Facing domestic assault charges can be stressful and very difficult. As experienced domestic violence attorneys, we know you need an aggressive advocate on your side when you go before the court.
We can help you, but need the details of your case in order to begin work. Contact our attorneys today for a free consultation on your case.