Differences Between Assault and Domestic Violence in Stamford

One of the differences between assault and domestic violence in Stamford is that there is a pre-existing relationship between the accuser and the accused in domestic violence cases. Domestic violence is defined as an incident between family or household members that results in physical harm, bodily injury, assault, or a threat of violence that constitutes fear of imminent physical harm bodily injury or assault. When it comes to assault, some type of physical violence must occur to constitute an assault charge. If you want to know more about the differences between family violence and assault, speak with a knowledgeable assault attorney that could answer your questions.

Facing Assault and Domestic Violence Charges

A person cannot be charged with domestic violence; however, they can be charged with something that is deemed a domestic violence assault if the assault occurs between family members or household members.

A person is not charged with assault unless actual physical violence occurs. They are not charged with an assault that is characterized as a domestic violence assault unless the physical violence occurred between family members or household members.

How Domestic Violence Cases Are Treated

Another one of the differences between assault and domestic violence in Stamford is the arraignment process. When a person is charged with a domestic violence assault, they are arraigned the very next business day. They are interviewed by family relations officers and other court officers and a protective order is put in place. These interviews can be used in court like the interviews with the Office of Family Relations. A person charged with regular assault that is not domestic violence-related will not be interviewed by Office of Family Relations and there will typically not be a protective order put in place.

Ways That Defense Strategies Differ

With domestic violence assault cases, judges and prosecutors want to see a defense that assures them the person is not likely to offend again. It is important to show the Judge and prosecutor that the family members or household members will not be endangered by returning the person to the home and back into the community.

Nature of Evidence Used in Domestic Violence Cases

The evidence used in Stamford domestic violence cases depends on the nature of the charges. It is important that the defense lawyer immediately files a motion with the court and the state to ensure the preservation of the evidence against the defendant that was obtained by the police and the state’s attorney.

The defense lawyer must make sure the evidence is turned over to them so they can investigate the evidence in the preparation of the defense case. The lawyer can conduct their own investigation to locate witness testimony to refute the prosecutor’s evidence. The lawyer determines if there is alibi testimony to help build an appropriate defense for the person accused of domestic violence.

Consequences of Assault and Domestic Violence Charges

The penalties for domestic violence charges and assault charges do not differ. However, one of the differences between assault and domestic violence in Stamford is that with domestic violence charges, a person faces a protective order. A regular assault charge is not likely to involve a protective order.

When the parties in a domestic violence case are in the process of a divorce; that can have a long-term effect on the custody or visitation rights of the children. Domestic violence charges and assault charges can potentially keep the person from their home and affects their right to own a firearm.

Getting Witness Testimony Dismissed in Domestic Violence Cases

Stamford domestic violence lawyers may know what motions to file to ensure that the evidence against their potential client is preserved. On that same token is that any illegally obtained evidence against the individual is not used in court.

This is why an investigation by a person’s own lawyer is so important. There are ways that lawyers can do their own investigation and get witness testimonies to refute the state’s witness testimonies. They can even file motions ahead of time to try to have witness testimonies dismissed.

Importance of Contacting an Attorney

There are many moving parts to Stamford domestic violence cases. It is most important to hire a lawyer who knows the entire process from start to finish. Your attorney should also know the differences between assault and domestic violence in Stamford, and be able to defend you against the charges you face. Work with strong defense lawyer that could build a solid defense for you.

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