When Does Assault Become Domestic Violence?

Assault is a serious charge that can attract severe penalties, but when does it cross the line into domestic violence?

Many people may not realize that the distinction between the two offenses isn’t always clear.

At Chahine Legal LLC, I defend clients against criminal charges, including assault and domestic violence, in Lawrence, Kansas, and across Kansas and Missouri, including Olathe, Overland Park, and Lenexa. When you work with me, extensive courtroom experience can make a difference for you and your case.

Let's explore the key factors that differentiate assault from domestic violence and what to do if you’re facing either charge.

Defining Assault

Before we examine the specifics of domestic violence, it’s important to understand what assault is. In Kansas, assault refers to an intentional act that causes fear of imminent harm to another person. 

It can be either physical or verbal, and it doesn’t always require actual injury to the victim. In general, assault is classified into two categories:

• Simple assault – An intentional act that causes another person to fear imminent harm, even if no physical injury occurs.

• Aggravated assault – An intentional act that causes fear of imminent harm but also involves the use of a weapon or the threat of serious injury.

In either case, assault can lead to criminal charges, but on its own, it isn’t always considered domestic violence. The relationship between the perpetrator and the victim plays a significant role in determining whether assault is classified as domestic violence.

Defining Domestic Violence

Domestic violence occurs when an assault or other act of violence happens between people who share a close, intimate relationship. Under Kansas law, domestic violence can include physical abuse, emotional abuse, stalking, or any form of intimidation or control aimed at someone with whom the accused has a domestic connection. 

This connection can include:

• Spouses or ex-spouses

• Current or former partners in a dating relationship

• Parents and children

• People who live together or have lived together in an intimate relationship

In Kansas, the key element that distinguishes domestic violence from other forms of assault is the nature of the relationship between the parties involved. If a person commits an act of assault, but the victim is someone with whom the perpetrator shares a domestic relationship, it can escalate to a charge of domestic violence.

When Does Assault Become Domestic Violence?

The line between assault and domestic violence is often drawn when the victim and the perpetrator have a specific relationship. However, there are other factors to consider. Assault becomes domestic violence when it involves:

• A familial or intimate relationship – The victim must be someone with whom the accused shares a domestic relationship.

• Patterns of behavior – Domestic violence often involves ongoing or repeated incidents of harm or control rather than a one-time event.

• Specific forms of abuse – Domestic violence includes not only physical harm but also emotional, psychological, and economic abuse.

When an assault occurs within the context of an abusive relationship, it can lead to a charge of domestic violence, which is treated more seriously by the courts.

Key Elements of Domestic Violence Charges

For assault to qualify as domestic violence in Kansas, there are several key elements the prosecution must establish. These include:

• Physical harm – The assault may involve bodily injury to the victim. However, even if no injury occurs, the mere threat or fear of harm can still qualify as domestic violence.

• Repeated behavior – Domestic violence cases often involve a history of abusive behavior. If there’s a pattern of assaults or threats, it can strengthen the prosecution’s case.

• Emotional and psychological abuse – Domestic violence isn’t limited to physical violence. Threats, intimidation, and emotional abuse can also play a significant role in a domestic violence case.

The legal system recognizes that domestic violence is often not a single incident but a pattern of behavior aimed at controlling or harming the victim. When multiple acts of abuse are involved, it can complicate both the criminal charges and the legal process.

Consequences of Domestic Violence Charges

Domestic violence charges carry serious consequences. In Kansas, the penalties for domestic violence depend on the nature of the crime and any prior criminal history. These may include:

• Jail time – A conviction for domestic violence may result in time behind bars, especially if the assault is considered aggravated or if there are prior offenses.

• Fines – Convicted individuals may be required to pay significant fines.

• Restraining orders – In domestic violence cases, the court may issue protective orders to prevent the accused from coming into contact with the victim.

• Probation or parole—In some cases, a conviction may result in probation or parole, which requires the defendant to comply with specific conditions.

• Loss of child custody – Domestic violence charges may affect a person’s ability to maintain custody of their children.

Understanding the potential consequences and taking appropriate steps to protect your rights is critical if you're facing facing these charges.

Why You Need a Criminal Defense Attorney

If you’re facing domestic violence charges, you need a solid defense strategy. A criminal defense attorney can protect your rights by:

• Examining the evidence – A defense attorney will analyze the evidence to determine if it supports the accusations.

• Challenging false claims – In some cases, domestic violence charges are based on misunderstandings or false allegations. A defense attorney can challenge these claims.

• Negotiating plea deals – An attorney can negotiate with the prosecution to reduce charges or penalties.

• Seeking a dismissal—In some cases, charges may be dismissed if there is insufficient evidence to support them.

Domestic Violence and Protective Orders

In Kansas, protective orders are often a key aspect of domestic violence cases. These orders aim to protect the victim from further harm by legally prohibiting the accused from contacting or approaching them.

There are two types of protective orders:

• Emergency protective orders – These orders can be issued quickly after an assault, often within hours of the incident.

• Full protective orders—These orders may be granted after a hearing and can last for up to a year or longer.

Violating a protective order can attract additional legal consequences, including criminal charges. If a protective order has been issued against you, you must comply with them to avoid escalating the situation.

Defending Against Domestic Violence Charges

At Chahine Legal LLC, I use several defenses against domestic violence charges. These include:

• Lack of evidence – If the prosecution can’t prove the assault occurred, the case may be dismissed.

• Self-defense – In some cases, I may argue that the accused acted in self-defense to protect themselves from harm.

• False accusations – Some individuals may face false allegations due to misunderstandings, revenge, or malicious intent.

• No intent to harm - If the alleged assault was accidental or without intent to harm, the defendant may have a valid defense.

With a strong defense, it may be possible to reduce or even dismiss the charges, depending on the circumstances.

Contact Chahine Legal LLC Today

If you are facing assault or domestic violence charges, there is no substitute for having a knowledgeable litigator on your side. At Chahine Legal LLC, I have fought for clients' rights for nearly 20 years. As an experienced criminal defense attorney, I serve clients in Lawrence, Kansas, and throughout Kansas and Missouri, including Olathe, Overland Park, and Lenexa. Call today to discuss your case and start building a solid defense strategy.