Des Moines Domestic Abuse Assault Lawyer
Defending Those Who Are Facing Domestic Abuse Assault Charges in Iowa
Misdemeanor or felony domestic abuse assault charges can be an uphill battle. Sometimes, domestic abusers call the police. They want to punish victims who have called the police in the past. Maybe they call to prove that they are in control of what happens. If your abuser frames you as the bad guy, you need a lawyer.
Alternatively, maybe you were the abuser. The victim or witnesses might exaggerate, though. You might be facing charges that are more serious than what really happened was.
Maybe you're being accused of something that never happened. Sometimes, the other party in a divorce or custody proceeding wants to gain an advantage by having you arrested. That would undermine the presumption in favor of joint custody of the kids. You might even be accused of domestic abuse assault by someone who is trying to punish you for leaving a relationship or for "cheating" on them.
Whatever happened, you have a right to a presumption of innocence. You have a right to an attorney. Your criminal defense attorney will look for ways to reasonable doubt. If a jury sees reasonable doubt, you could be found "not guilty."
Domestic assault convictions are publicly visible online. An assault conviction can keep you from getting the job you want. If you're seen as dangerous, other people might not want to be in relationships with you. They might not even want to be around you. At Clark & Sears Law, our domestic abuse assault lawyers understand how serious these charges can be and are ready to provide a strong defense.
Have you been accused of domestic abuse assault? Call Clark & Sears Law today at (515) 200-2787 or contact us online to schedule a free consultation with our domestic abuse assault attorney in Des Moines.
What Is Assault in Iowa?
Many people say that they "didn't even hit" someone. Therefore, they feel indignant. Even if you don't leave a mark, you can be convicted. You don't have to strike someone for it to be assault. Acts that are intended to cause harmful, painful, injurious, or offensive contact are assaults. Hitting is assault. Simply grabbing someone's arm is also assault. Spitting on someone is offensive. Because spitting is offensive, it is assault. Making someone think you're about to assault them is also assault. Even if you never touch someone, drawing your fist back can be assault.
What is Domestic Abuse Assault?
The elements of domestic assault are:
- You were in a domestic relationship.
- You committed an assault.
Most domestic abuse assault offenses involve people in intimate or romantic relationships. However, there are other domestic abuse scenarios. Assaulting a family member or a roommate also counts.
If any of these people assault each other, it is a domestic assault:
- Family or household members.
- Separated or divorced spouses.
- People who have children together.
- Persons who lived together within the past year.
- "Intimate relationship" partners who have had contact in the last year.
Mandatory Arrests For Domestic Abuse
When there's an injury -- even just a scrape or a red mark -- the police will make a mandatory arrest. If the police think someone got injured, then they will arrest someone. The law also requires arrest for using a dangerous weapon. Similarly, intent to cause serious injury requires arrest.
Police arrest the primary physical aggressor. Sometimes, police make mistakes. The arresting officer considers the need to protect victims. They consider fear and injuries. They also will consider any history of domestic abuse. Iowa Code 236.12.
