Is Domestic Violence a Felony?

The term “domestic violence” refers to any form of sexual or physical abuse that is inflicted by one individual against another in a domestic setting. Generally, this type of violence occurs between spouses or partners or a child and their parent. Abusive language and threats also count as domestic violence. A misdemeanor conviction can result in a maximum of one year in prison and the payment of a fine. Sometimes the court requires the defendant to take anger management classes or participate in community service. A felony conviction, on the other hand, comes with a prison sentence of more than one year, expensive fines, mandatory rehabilitation courses, heavy fines and probation. If you have a felony on your record, you could also lose gun ownership rights, have fewer employments opportunities and lose your child custody or visitation rights.

There are many retaliation options for victims of felony domestic violence. A few include:domestic violence victims can file a temporary restraining order, which prohibits the offender from contacting the victim until a complete court hearing is conducted. These victims may also be granted permanent injunction after a complete court hearing. This injunction lasts for an indefinite time and requires the offender to avoid contact with the victim. Domestic violence victims have the right to file a civil lawsuit to recover medical costs and other damages suffered from a domestic violence act. The prosecutor considers the severity of the injures and the defendant’s history of violence before determining if a domestic case is a felony or misdemeanor. For example, a domestic case will be considered a felony if the violent act result in serious injuries or death or if the violent act involves sexual abuse. A domestic case can also result in a felony if it involved the use of deadly weapons.

When Should You Hire a Domestic Violence Lawyer?

Domestic violence claims are typically brought against family members, so they can be stressful and overwhelming. If you have suffered severe injuries from domestic violence, it is in your best interest to hire an experienced assault lawyer. He or she can help you take legal action against the perpetrator and ensure your rights are protected. A domestic violence lawyer can also assist you in gathering the evidence you need to build a strong case against the defendant. Please do not wait to speak to a lawyer about your domestic violence case contact an experienced Domestic Violence Lawyer Salt Lake City UT  to assist you.

Thank you to Rasmussen & Miner for providing their expertise and insight on domestic violence.