Contrary to popular belief, domestic violence is not as simple of a charge as it seems. There are different types of Lubbock domestic violence charges and those charges can refer to a variety of relationships. There is little difference between domestic violence and other violent crimes, except for the fact that it can only be perpetrated against somebody considered a family member, a person in a dating relationship, or a roommate. If you face domestic violence charges, it is vital that you retain the services of an experienced domestic violence attorney who has experience defending these charges and can build your case.
Elements of Domestic Violence
Domestic violence and what constitutes it is not a straightforward question because so much is involved. There are many types of Lubbock domestic violence charges but generally, domestic violence is an assault against a family member. That is what makes it domestic violence or a crime of family violence as it is also called.
Domestic violence does not always require a violent act, it can also be an act or a threat. Both generally count, but the threat is something that people may not be aware. It simply means that if a person threatens somebody and a reasonable person would have felt that imminent bodily harm was coming their way because of that threat, it gets the person under the umbrella of assault. If it is somebody in that inner circle, it is going to get the person into that domestic violence section. In terms of breaking that down, there are specific categories like family violence, child abuse, and dating violence.
If it is somebody in that inner circle, it is going to get the person into that domestic violence section. In terms of breaking that down, there are specific categories like family violence, child abuse, and dating violence.
If the alleged victim is a member of an accused family, if a person is in a dating relationship with the victim, or if a person has a roommate currently living with them, they fall under that umbrella of family and family violence. That is what makes domestic violence as opposed to normal violence, like an assault.
When thinking about, whether an altercation with someone counts as domestic violence, the easiest way to figure it out would be for a person to ask themselves if they are related to the person by blood or marriage. Common examples of that would include spouses and children. Interestingly enough, former spouses count as well, so a person could be divorced and have abused their ex-spouse and it would still count. Relatives with whom a person shares a common ancestor would count, including in-laws who share a common ancestor with the person’s spouse or former spouse. There is also child abuse, which has to do with children in the household.
One of the more overlooked types of Lubbock domestic violence charges is the charge of roommate violence. In Lubbock, people who live or formerly lived in a dwelling are considered members of the household. For the criminal side, they have to be living with the person at the time. For instance, a recent issue involved the alleged perpetrator kicking a roommate out in a fight. Technically, the alleged victim still lived there, so it was an act of domestic violence as far as the law would be concerned. If it was 20 minutes later after the roommate was kicked out, it would not have been.
Dating violence is a moving target in terms of who qualifies. If it is somebody that a person meets for drinks as friends, and then assaults them, that might not count. If they get intimate in some way, it starts getting a person over that line. It is usually the boyfriend in the case, but it could be either side. For example, a boyfriend and a girlfriend get in an argument, it goes too far, and the boyfriend acts out, that would constitute domestic violence.
Importance of a Lawyer
Domestic violence is a complicated charge and there are many types of Lubbock domestic violence charges that fall under the domestic violence umbrella. Working with a lawyer who has experience defending various types of domestic charges is vital. If you have been charged with domestic violence, contact a skilled attorney who can build a solid defense for you.