Subjecting a Child to Domestic Assault Is Illegal
It is okay to argue with your spouse on matters on which you two disagree. However, the moment an argument escalates to a physical altercation is when many Oklahoma governing bodies get involved. Always remember – never commit domestic abuse, especially in the presence of a child.
It looks bad when a couple argues amongst themselves. As tensions rise, the likelihood of the confrontation escalating from verbal to physical becomes more likely. In the event that a physical altercation happens, you should be aware that your actions can be considered domestic abuse.
Those accused of domestic abuse should call a lawyer as this crime can negatively influence your life. An Oklahoma criminal defense attorney can help. Call your local Muskogee attorney at (918) 884-7774.
Domestic Abuse is Assault and Battery
Oklahoma defines domestic abuse as any act of physical harm or threat of imminent physical harm committed on a family member, intimate partner, or household member.
Household members is a term used to describe any blood relative, foster family, or adoptive family member. An intimate partner refers to any spouse, boyfriend, or girlfriend, people who share children, or couples who have lived together for any amount of time. Okla. Stat. tit. 21 §§ 644(C),(G),(H)
Domestic violence entails a person willfully and unlawfully attempting or succeeding to use force against an intimate partner or household member. Okla. Stat. tit. 21 §§ 644(C),(G),(H)
Domestic Abuse in the Presence of a Child – Elements
Oklahoma’s laws on children have sought to protect children from domestic crimes. Therefore, when a child sees or hears domestic abuse, the state enforces strict punishments upon violators.
The elements of domestic abuse in the presence of a child are similar to regular domestic abuse. Wilful and unlawful attempts to apply force or violence upon the household members or intimate partners in the presence of a child. Okla. Stat. tit. 21 §§ 644(C),(G),(H)
Fines and Penalties of Domestic Abuse in the Presence of a Child
Oklahoma cares specifically if the child hears or sees the act of domestic abuse. Anyone caught committing assault and battery on their significant other shall be guilty of domestic abuse.
Domestic abuse offenders can face any fine not exceeding $5,000. Jail sentencing for domestic abuse is no more than one year. Subsequent domestic assault and battery charges can result in no more than 4 years in prison. Crimes are punishable via both imprisonment and a fine.
Anyone intending to inflict bodily harm on a person with a dangerous weapon may face the punishment of 10 years in prison. Finally, people charged with domestic assault and battery with a deadly weapon may face life in prison
Domestic abuse while in the presence of a child has penalties of six months in jail. Violators may also face a fine of $5,000. Subsequent convictions for domestic abuse in the presence of a child are $7,000 in fines and five years imprisonment.
Free Consultation With a Domestic Assault Defense Attorney
Married couples have spats all the time. If you or someone you know fears unfounded domestic abuse accusations, call a Muskogee Criminal Defense Attorney. By speaking with a legal professional you strengthen your case’s defense.
Call (918) 884-7774 to set up your free consultation with a Muskogee attorney. Feel free to also fill out our consultation form.