How long after you have contacted the police department to report a domestic assault do you have to turn a statement in?
You should turn in your statement as soon as possible. You should also ask the police to take photos of your injuries if you have cuts or/and bruises.
If you assault a non-family member then domestic violence isn't part of the equation. Each state has different terminology on "assault" and I am sure that some lawyerly individual will add to this. <END> Added: Any offense involving a charge of domestic violence or domestic assault automatically "enhances" the assault charge. Conviction of any offense enhanced by a domestic violence charge will prevent you from ever owning or possessing a firearm. (Lautenberg Amendment).
If you are talking about misdemeanors in both instances. Generally, a conviction for domestic assault will be used against you to heighten possible sentences in the future. Most states have statutes that make sentencing "enhanced" for people with prior domestic assualt convictions. For that reason, I would argue it is worse to get convicted of domestic assault.
If a man was charged with domestic assault the woman filed a restraining order contacts the man and then calls police when he answers can the man bring that into court at domestic assault trial?
yes probably, the woman cannot deny she contacted the man as the police can check the phone records. if the man is only having 1 trial then i wud suggest he brings that up but if hes a having a court hearing about the restraining order aswell then i suggest he brings the phone call subject up on that court hearing
It is classified as 'Domestic VIolence' or 'Domestic Assault,' and is a criminal offense. Assault and Battery are both also intentional torts, for which she could file a civil lawsuit. However, any damages she would receive (such as medical bills) could be considered as a part of their divorce action.
As long as it is not a domestic violence assault you should be able to get one but keep in mind if Iowas anything like Nebraska and you have to apply for a purchase certificate thru the sherriffs department , the sherriffs seem to think that it is at their discretion which in fact is not th case , trust me I know I had to fight it out in Sarpy county one time but…