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Harm does not have to be “serious” for domestic violence charges

On Behalf of | Dec 5, 2024 | Domestic Violence Charges

In some domestic violence cases, the alleged victim may sustain significant physical injuries. Medical evidence and records from a doctor are often presented as evidence in these cases. For instance, the victim may have suffered a broken bone or a gunshot wound and required hospital treatment. Such injuries are serious and costly.

However, it is important to remember that the extent of harm caused to the victim does not need to be severe for authorities to bring domestic violence charges. Generally, intent to cause physical harm is sufficient. While the severity of the harm may affect the evidence used in the case, it usually does not determine whether the charges can be filed. Even a minor injury can lead to domestic violence allegations.

Escalating disagreements

For example, imagine you and your spouse get into a disagreement. It begins as a verbal altercation, with both of you yelling or exchanging insults. You claim that your spouse tried to spit at you, and you responded instinctively by slapping them.

You may assert that you did not intend to cause serious physical harm. The slap may not have left any visible marks or injuries, and your spouse didn’t require medical attention.

Nonetheless, you could still be charged with domestic violence. Authorities only need to show that you intended to harm your spouse and did so through physical contact. Even if you argue that the injury was minor or that such altercations are common in your relationship, you could face serious criminal charges. When disagreements escalate in this way, it is critical to understand all your legal defense options.