Defense Against Domestic Assault Accusations
Domestic violence is a serious crime that carries stiff penalties in the state of Iowa. Those accused of domestic violence can experience consequences that begin immediately upon arrest. If accused of committing a domestic violence act, it is wise to seek professional legal counsel to protect yourself, your livelihood and your future. At Carr Law Firm P.L.C., we help protect the rights of those accused of this serious crime.
Understanding Domestic Assault Laws In Iowa
Like most states, Iowa treats domestic assault harshly. It is a serious criminal charge that involves physical harm, attempted harm or the threat of harm against a household or family member. This includes:
- Spouses and former spouses
- Individuals who live together or previously lived together
- Parents of a shared child
- Individuals in a romantic relationship
Domestic assault is prosecuted vehemently. Even a first offense can result in serious penalties, including mandatory minimum sentences and restrictions on firearm possession. Charges range from misdemeanors to felonies depending on the severity of the alleged offense.
Immediate Steps To Take If Accused Of Domestic Assault
If you are accused of domestic assault, your actions immediately following the allegation can impact your case. It is vital to avoid confrontation with the alleged victim. Contacting them in any way can worsen your situation and possibly lead to additional charges.
You may be subject to a no-contact order after an accusation. This is often issued automatically in domestic assault cases and must be strictly followed. Violating this order can lead to harsh repercussions, including immediate arrest and imprisonment.
It is also important to remember that anything you say can be used against you in court, so providing legal guidance before answering questions is crucial.
Gathering evidence and identifying potential witnesses may also support your case. Messages, emails or other relevant documentation can help clarify the situation and provide context.
Consequences Of A Domestic Assault Conviction
A conviction for domestic assault in Iowa carries serious penalties, which vary depending on the nature of the charges. Some potential penalties include:
- Prison time, even for a first offense, with harsher penalties for repeat offenses or aggravated charges
- Significant fines and court costs, along with potential restitution payments
- Loss of firearm rights under federal law
- A permanent criminal record, which can affect employment, housing and personal relationships
- Mandatory counseling or participation in a batterer’s education program as part of sentencing
A domestic assault charge demands immediate attention. Your conduct after being charged is vital to your case, and contact with the alleged victim must be restricted. The attorneys at NAPNAME can form a defense strategy that protects your rights and future.
What Constitutes Domestic Assault?
In Iowa, domestic violence can occur between individuals who are either married, divorced, live together, have children together or are otherwise in a relationship. It involves the following acts:
- Physical contact meant to cause bodily harm
- Unwanted sexual activity
- Verbal abuse
- Threats to inflict harm (can include threats with a weapon)
No-Contact Orders For Domestic Assault Arrests
If arrested for a domestic assault accusation, expect to be served with a no-contact order (NCO). This NCO will often include additional provisions, including:
- Order to surrender your firearms
- Zero contact with the alleged victim (including both in person as well as email, text messages, social media, etc.)
- Prevention from visiting your children without supervision
- No consumption of alcohol or drugs
Violation of any of these clauses can result in additional charges and possibly greater punishment.
Contact Our Team Today For Vigorous Defense
If accused of committing domestic violence, it is in your interest to seek legal representation to protect your rights. Our firm has over 40 years of combined legal experience helping clients understand the NCO process and ensure they do not violate its terms. Do not risk your future or allow your legal concerns to spiral out of control. Reach out to our lawyers today by calling our office at 515-259-1389.
Please also feel free to submit a secure online contact form, or reach us via email. We offer a free initial consultation at our downtown Des Moines location conveniently located in the Plaza Building.