Difference Between Assault and Domestic Violence in Westport

The difference between assault and domestic violence in Westport is that family violence is the designated category name for specific criminal offenses. If someone commits assault on someone that is related to them by blood or marriage or a household member, the case could be assigned to the domestic violence docket. However, anyone facing either assault or domestic violence charges should speak with an experienced assault attorney to begin tailoring their defense to their case.

Third-degree assault is defined as when someone intentionally and successfully causes physical injury to another person. The fact that physical injury was caused even if it is physical pain resulting was minor, a Westport third-degree assault lawyer knows that someone could be charged with an assault offense. 

Defining the Relationship Between Family Violence and Third-Degree Assault

The difference between assault and domestic violence in Westport is that one is a charge and one is a criminal classification. Assault in the third degree, depending on who is charged with assault, could become a domestic violence case. If someone assaulted a stranger on the street that they do not know and are not related to, it would just be assault in the third degree but if someone assaults a family member or a household member, they will be charged with assault in the third degree and it will be classified as domestic violence.

Following a Third-Degree Report

After an incident of assault in the third degree is reported as domestic violence, the police are called and they usually respond to the scene then they interview the different parties that are involved and they try to find out what happened, and if they decide to make an arrest, then they would fill out a domestic violence lethality form.

They could then decide to either take the arrestee down to the police station for a full booking or give them a promise to appear where they would assign a court date for the very next morning. If they let the individual stay home or not is also up to the police. They can issue a temporary order to leave their home, and if they take the person into custody, that person will be brought to court the next day.

What Constitutes Domestic Violence?

Domestic violence defined by Connecticut General Statute 46b-38a is a category in Connecticut criminal law that encompasses when a crime that either causes physical injury or creates fear that physical injury is about to happen is committed between certain categories of people. Typically, it is someone that a person is related to by blood or marriage, so that would be a spouse, parents, children, in-laws, things like that, and it can also apply to roommates as well. If someone lives with somebody or they are related to them by blood or marriage and has committed a crime, it would be a domestic violence crime.

Defining Familial Relationships

There are specific statutes that address the difference between assault and domestic violence in Westport and the legal definitions of who is a family or household member. A family member is what one normally thinks of when they hear about someone in the family so it could be a spouse, children, grandparents or anyone that is related to the person by blood. A household member doesn’t need to be related to by blood but they live in the same house so a roommate would fall under that category.

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