Couples have disagreements and those disagreements can become heated. Too often, the police respond to an incident and make assumptions without conducting a full investigation.
Many people a charged with domestic violence because the other side of the disagreement called the police first. Further, there can be other motives for filing a charge such as to gain advantage in a child custody proceeding. Even though the initial argument topic could have been minor, the penalties for domestic assault are huge.
You can be charged with domestic assault one of the following elements make the charge a domestic assault instead of an assault.
- Live in the same household as the alleged victim.
- Are married to, separated from or divorced from the alleged victim.
- Parents of the same child (regardless of whether your were married).
- Have lived together in the past year.
In addition, a person can file a protective order (often called a 236 order) against you if any of the above factors exist of if you have had an intimate relationship within the past year.
The domestic violence law especially affects persons that care about the Second Amendment firearm rights or even just enjoy hobbies like hunting. If you are convicted of domestic assault, you no longer can possess firearms of any kind and face a Class D felony (punishable of up to 5 years in prison) if you do. Further, some protective orders prohibit the possession of firearms.
Domestic violence carries with it serious punishments that get higher if the offense is a repeat offense. There are many different ways to charge domestic violence and different penalties. The assault attorneys at Derek Johnson Law Office handle all types domestic violence charges and protective orders throughout north central and central Iowa including cities such a Fort Dodge, Marshalltown, Ames, Boone, Humboldt, Webster City, and any nearby cities or towns. Some of the most common offense are detailed below:
- For a simple misdemeanor (1st offense domestic assault where no injury is sustained) a person faces up to 30 days in jail and a minimum of 2 days in jail and up to a $625 fine.
- If bodily injury or mental illness is caused, the person faces up to 1 year in jail with a minimum of a 2-day jail sentence and up to a $1875 fine.
- If the offense is a second offense, depending on what the prior offense was a person faces either up to 1 year in jail or 2 year in prison. In addition the person must serve a minimum 2-day jail sentence. Fines can be up to $6250.
- If the offense is a third offense, the person faces a Class D felony and mandatory incarceration of up to 5 years in prison. A minimum of 1 year in prison must be served prior to release. A fine of up to $7500 can be ordered.
In addition, persons convicted of domestic assault must complete a batterer's education program.
We provide a free initial consultation to review your case and go over how we can help you get through this dark moment. Schedule a free initial consultation today. Call a Qualified Iowa Domestic Assault Lawyer at 515-955-2193 or toll free 855-955-2193.
Derek Johnson Law Office
809 Central Avenue
Fort Dodge, Iowa 50501
855-955-2193 Toll Free