Domestic violence represents one of the biggest problems across the globe. All members of a family can suffer from abuse, including both men and women. The ripple effects of abuse can reach deep into our lives, including our workplaces and our communities.
One form of domestic violence is spousal assault, in which one spouse acts violently toward the other. Being the victim of spousal assault can have terrible implications that last a lifetime. It is also true that being accused of spousal assault disrupts the accused’s life in immeasurable ways. Dan Carman and Attorneys believe that every person has the right to a skilled, competent defense, regardless of the crime they have been accused of.
Kentucky Law and Spousal Assault
Kentucky law has different statutes that deal with assault, domestic violence and assault of a family member or member of an unmarried couple. According to KRS 403.715 to 403.785:
“Domestic violence and abuse” means physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple.
The statute discusses the fact that domestic violence law extends not only to married couples, but also to couples that have been married, who lived together or who have children together. Spousal assault protections are extended even to those not formally married.
Additionally, KRS 508.032 says the following about assault in a family:
If a person commits a third or subsequent offense of assault in the fourth degree under KRS 508.030 within five (5) years, and the relationship between the perpetrator and the victim in each of the offenses meets the definition of family member or member of an unmarried couple, as defined in KRS 403.720, then the person may be convicted of a Class D felony….
Types of Spousal Assault and Abuse
Domestic violence is a broad term that applies to many different types of actions a person can take toward their partner. This includes:
- Physical abuse, such hitting or slapping
- Threats of violence toward a partner
- Sexual assault and abuse.
The Role of a Defense Attorney
It is the job of a criminal defense attorney to defend the rights of their client and represent them to the best of their ability. When defending charges of domestic violence, a defense attorney will investigate the circumstances around the charges to determine whether the claims of abuse are verifiable. They will also investigate the history of the accuser and the records of those involved, including that of their own client. As you can see from the above statutes, isolated incidents will often be treated differently than those that occur in the context of a larger pattern.
If you are concerned about the possibility of a domestic violence charge, it is best to retain the services of a criminal defense attorney as soon as possible. The process of building a defense can be started before charges are even made against a person. Contact the Kentucky criminal defense lawyers of Dan Carman and Attorneys to learn more about how we can help you.
