Domestic abuse in the presence of a minor is a serious crime in Creek County Oklahoma. If you’ve been charged with domestic assault and battery our Creek County criminal defense attorneys may be able to help you. It is all too often children are caught up in violent situations. According to the National Coalition Against Domestic Violence 1 in 15 children are exposed to domestic violence annually. As a result, these experiences can traumatize a child well into adulthood. Further, these child witnesses often experience anxiety and fear.
Domestic Abuse and Violence Explained:
Creek County domestic abuse in the presence of a minor attorneys point out that Oklahoma Statute title 21 §641-42 explains domestic violence. Assault, or the use of threatening language and gestures, that put the victim in immediate fear; and battery, physical contact and harming of the victim must both be present to be domestic abuse. A third element though, is that the victim must be one of the following people:
– a current or former spouse of the accused
– a romantic partner
– a family member
– a roommate
– a co-parent
– a foster parent, etc.
If the victim is of no relation to the attacker in one of these ways, then the incident is simply an assault and/or battery and not domestic violence.
Criminal Penalties for Assault and Battery in The Presence:
If during any incident of domestic violence a child is present, then the penalties increase greatly from a typical domestic abuse crime. The first incident is a 6 month to 1 year jail term and also a possible $5,000 fine. A repeat offense increases jail time to 1 to 5 years and financial penalties to a maximum of $7,000. Finally, if the victim of the violence is pregnant at the time of the incident, penalties can carry a sentence up to 20 years in prison.
Creek County Domestic Abuse in The Presence of a Minor Attorneys Want to Help You:
A wrongful accusation against you of domestic abuse in the presence of a minor can be devastating. We know such accusations can have negative long term affects on your life regarding employment, custody, and more. Call our Creek County domestic abuse in the presence of a minor attorneys and let’s help you build a solid defense in your favor. Our first consultation is free.