Stockton Divorce Lawyer | CA | Bansmer Law
Stockton Family and Divorce Lawyers
AGGRESSIVE & Dependable Call now for a consultation (209) 474-2400
Fighting Against Domestic Assault
domestic assault
Feb, 16 2018

Unfortunately, domestic assault is an issue that plagues the US. In households across the country, victims of violence live in fear. Many of those victims don’t know how to remove themselves from their dangerous situations. However, there is always a way out. Learn how victims can fight back against domestic violence.

What Is Domestic Assault?

Domestic assault and domestic violence are terms that refer to any violent act committed by one household or family member against another. In many states, the terms domestic violence and domestic assault are interchangeable. In any case, it refers to physical or emotional abuse that someone inflicts on another.

Domestic violence can occur to anyone in a household. It can occur to a child, husband, or wife. Although many people believe that marriage is a prerequisite for domestic violence, this is not the case. You can date someone and still be a victim of domestic violence. Additionally, it can happen in a heterosexual or homosexual relationship.

Common Examples of Domestic Violence

Although domestic violence can involve physically hitting someone, it can also involve psychological abuse. Even if you have no physical injuries, you could still be a victim. There could be psychological trauma that plagues you for the rest of your life.

There are many different types of domestic violence. For example, rape is one type. Other categories include murder, slapping, pushing, and stalking. Physical abuse can include punching, biting, and any other violent act. Often, incidents like punching and slapping are more common than rape and murder. However, the court takes all cases of domestic assault seriously. This includes emotional and sexual abuse.

Often, emotional abuse comes in the form of destroying a victim’s self-worth. After years of hearing that she is worthless, an individual’s mental health could suffer drastically.

Another form of domestic violence is sexual abuse. This occurs any time that the attacker tries to force a victim to have sex or to make sexual content. Whether or not the attempt was successful, the victim suffers. Much like emotional abuse, sexual abuse can have a long-lasting impact on a victim’s mental health.

The Penalty for Domestic Violence

Every state has different laws regarding domestic violence. However, the crime can result in fines and jail time. The harshness of the sentence depends on several factors.

First, there is the severity of your injuries. For example, a court would harshly hear a domestic assault case that resulted in a long-term brain injury. The court also considers the presence of children at the time of the incident. Additionally, they might consider whether or not the attacker violated a restraining order.

In some incidents of domestic violence, an attacker could face several charges. For example, he might face domestic violence charges and assault and battery charges. Usually, prosecutors push for harsher sentences for domestic violence offenders. This is because the offenders violate the trust of loved ones.

Fighting Back

There are ways to take a stance against domestic assault. Instead of being a victim, you can fight back. By pursuing legal charges, you can ensure that your attacker faces legal consequences for his actions.

If you are a victim of violence, there are a few things that you can do to help your case:

1. Call the police at the time of the incident

Immediately after the incident, you should contact the police. After you do, be sure to record your police report or incident number somewhere safe.

2. Get medical attention and document injuries

If the incident resulted in any injuries, then go to a hospital or urgent care center. Doing so will give you more evidence against your attacker. If you have visible injuries, be sure to take pictures and make notes about the injuries.


3. Speak to someone you can trust

Often, victims of domestic abuse feel very alone. Instead of suffering in silence, speak to someone. Find a friend or family member who you can trust and talk to them. If you don’t have anyone to speak to, then call a domestic violence hotline for help.

4. Don’t be afraid to get help

If you worry about your immediate safety, then you should consider going to an emergency women’s shelter. In most towns, you can find at least one shelter that will provide you with a safe haven.

5. Speak to a lawyer

To keep your attacker away, you can file a protective order. Look for a local lawyer who has experience with domestic violence cases. Then, set up a meeting. He can help you file a protective order that can keep your abuser away. If he violates that order, then he will find himself under arrest.

Your lawyer can also tell you how to pursue legal action against your attacker. Additionally, he can advise you on what you can do to have a successful outcome. With the right lawyer, you can ensure that your attacker faces legal consequences for his actions.

Back to blog home

Stockton Family Court

  • The Stockton Family Court is a division of the Superior Court Of California.
  • The main responsibility of the Stockton Family Court is to settle matters pertaining to Child Custody.
  • Family Court services also include an orientation program for parents and modifying existing child custody agreements.