What a domestic assault charge involves
Domestic assault covers allegations of physical harm, threats, or unwanted contact between people in a domestic relationship (spouses, former spouses, co-parents, household members, dating partners).
In addition to criminal charges, a separate civil protection order proceeding often runs alongside. Those orders can remove you from your home, limit contact with children, and prohibit firearm possession, sometimes before any trial.
What's at stake
A domestic assault conviction triggers federal firearm prohibitions under the Lautenberg Amendment. It also affects custody, housing, and employment in ways other misdemeanors do not.
- Jail time and probation
- Permanent firearm prohibition (federal)
- Protective orders affecting housing and custody
- Mandatory counseling and domestic violence classes
- Immigration consequences
- Professional license review
How we defend these cases
1. Protection order hearing
Often the fastest-moving piece. The evidentiary standard is lower than in criminal court, but it still requires real proof. We prepare for it as carefully as a trial.
2. Criminal investigation
911 calls, bodycam, medical records, prior reports, and witness interviews. The full picture usually looks different than the arresting officer's report.
3. Negotiation
Some of these cases can be reduced to non-domestic offenses that avoid the federal firearm consequences. Prosecutors do not do this without reason.
4. Trial readiness
Witness recantation, credibility issues, and self-defense claims are all common in these cases and all require preparation to present well.
What to do right now
Do not contact the alleged victim. Even innocent contact can become a new charge or a violation of a no-contact order. Let the lawyers handle communication about the case.
Why immediate action is critical
Protection orders move on their own schedule. Missing a hearing or showing up without counsel rarely goes well. The first 72 hours often shape the rest of the case.