What are common questions people have when facing a domestic battery charge?
How Often Can Someone Find Themselves In A Domestic Battery Situation?
It scares most people when they actually find out how easy it is to get into trouble. I would say eighty percent or ninety percent of people who come in for a consult with an attorney for such a matter are regular everyday people. They could be a lawyer, teacher, doctor, or someone from any walk of life. It is the average everyday folks that get busted for this. They do not realize it until they are really in hot water and then it is too late.
What Are The Most Common Scenarios you see Where Domestic Battery Charges End Up Being Filed?
Johnson County has a very strict policy on domestic battery. An average domestic battery is a difficult thing to quantify, but it is generally mom and dad or boyfriend girlfriend, somebody who is usually intoxicated, and things get out of hand. It can be a fight, it can be anything. I have seen people get a battery charge over a board game. People just get mad over something and then next thing you know the cops get called.
Eighty percent of the time, people do not intend for their spouse or their significant other to get in trouble. They call the cops because they think that that is the thing to do at the time. They are excited or they may want to put some fear into the person that has touched them. Unfortunately, most jurisdictions policy is; somebody is going to get taken to jail. If there is any evidence of domestic battery, someone is going to jail. Once you are in the system, it goes from there.
Are Domestic Battery Charges Filed In Tandem With Divorce Cases?
Yes, that happens. The two go hand-in-hand a lot of the time. It is not as common as people would think. In a relatively low percent of the divorces there is going to be some sort of domestic battery involved. However, when domestic battery occurs it can be the catalyst for ending a relationship. A lot of times, that is the straw that broke the camel’s back; “he laid his hands on me” or “she laid her hands on me.” They talk to their families, who then encourage them to get out of an unhealthy relationship.
Can a Battery Charge Be Used Against Someone Falsely Over Things Like Child Custody?
It does come into play as far as some people will try to use it as leverage. For example, Davies once had a case where it was clear that the lady was trying to manipulate the system to get her husband out of the house during the divorce proceedings. She wanted him out of the house. Since there is a local rule in Johnson County that says you cannot kick the person out of the marital residence, the only exception to that is if there is an allegation of domestic abuse.
In that case, both people already knew, “The marriage is over practically”. The husband and wife are spending the night in different rooms, different parts of the house. They do not talk to each other anymore, but they are still living together while a divorce is in the process. Then one of the parties decides, “I want to do whatever I can to get this person out of their house.” They go to their divorce lawyer and the divorce lawyer says, “Well, you can’t. The only way that’s ever going to happen is if there is a domestic abuse allegation”. Next thing you know, very convenient, there is an allegation of domestic abuse.
In these types of case, a judge will often grant one person sole occupancy of the marital residence during the divorce. That can get manipulated and it is also heavy leverage as it makes one person fight on two fronts. Instead of having to fight not only the divorce case, they are fighting the state’s case trying to put them in jail, while at the same time they are fighting their divorce case. It is a kind of divide and conquer tactic that a lot of people will try to use.
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