Direct Contact in Domestic Violence Cases
A domestic violence conviction requires that the victim’s injury be the result of the defendant’s direct contact. Injury resulting from indirect contact is not enough. There are some examples below.
Injury Resulting From Direct Contact
Jane and John are dating. One morning Jane and John have an argument that escalates. Jane punches John and breaks his nose.
The first example will satisfy the requirement of contact resulting in injury in domestic violence cases. The next example will not.
Injury Resulting From Indirect Contact
Jane and John are dating. One evening Jane and John go to the movie theater. Jane and John get into an argument. John shoves Jane but Jane is not injured from the shove. Jane then runs into a wall while trying to get away from John and develops a bruise on her forehead.
The second example will not satisfy the direct contact requirement in domestic violence cases because Jane developed her injury because she sustained her injury by bumping her head on the wall. Does it matter if Jane was trying to get away from John and as a result sustained her injury? Not in domestic violence cases. The component that must be satisfied is direct contact resulting in injury.
The Law Offices of Mark A. Gallagher Can Help You
If you’re facing a domestic violence charge, please contact the Law Offices of Mark A. Gallagher today. Our attorneys are equipped to get you the best possible outcome for your particular case. For your free consultation, please call our offices at 800-797-8406 or visit www.socaldefenselawyers.com for more information. You don’t have to go through this alone, the attorneys at the Law Offices of Mark A. Gallagher can help you navigate the difficult road ahead.