What Is Domestic Violence or Assault and Battery?
Assault and battery are two separate crimes, although they are very similar and easily confused. Assault refers to a threat of violence, as opposed to battery which refers to unlawful physical contact with the intent to cause injury, harm, or pain. Assault AND battery refers to both the threat of violence and the accompanying physical contact. This is actually a more complex question than one would originally have anticipated. Simply explained, domestic assault and battery is the act as regular assault and battery with one big addition.
The addition of the word “domestic” to assault and battery refers to Oklahoma Legislature’s intent to separate and differentiate between violence between strangers and intimate partner violence. Over the years, the word “domestic” has been expanded to mean people associated by blood, by marriage, by living situation, or by romantic/dating relationships. This differentiation is based on an expanding concern over the prevalence of violence occurring between intimate partners and families.
The Oklahoma Legislature defines domestic abuse as, “Domestic abuse means any act of physical harm, or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who are family or household members or who are or were in a dating relationship;” Title 22 O.S. § 60.1.
The “elements” that the State of Oklahoma must prove to obtain a conviction for Domestic Assault and Battery are:
“No person may be convicted of domestic abuse unless the State has proved beyond a reasonable doubt each element of the crime.
These elements are:
Third, attempting or offering to use force or violence
Fourth, the use of force or violence
Fifth, was against the person of a _____________. * [Specify Applicable Relationship in 21 O.S. Supp. 2000, § 644(C)].”
** The relationships listed in 21 O.S. 2011, § 644(C) includes "a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant."
Title 22 O.S. §60.1 defines “dating relationship as, “‘Dating relationship’ means a courtship or engagement relationship. For purposes of this act, a casual acquaintance or ordinary fraternization between persons in a business or social context shall not constitute a dating relationship...”
So, in its simplest form, domestic assault and battery is the willful and unlawful attempt or offering of violence and the accompanying use of violence against a person with whom the defendant has a significant or substantial relationship.
Domestic assault and battery can be classified as either a misdemeanor or a felony depending on specific allegations or conditions, as alleged by the “victim(s).” Some factors that can change a misdemeanor to a felony include, but are not limited to, the extent of the alleged victim’s injuries, if an instant charge is a second offense for the defendant, is the alleged victim complaining that a weapon was involved, and or, was the alleged victim strangled.
Domestic Violence Intervention Counseling
Even if you get a deferred or suspended sentence with probation and no jail time, you're not off the hook. You'll be required to complete 52 weeks of domestic violence intervention counseling (DVIS). All 52 sessions are mandatory, you can't miss more than three sessions in a row, and if you miss more than seven sessions in an entire year, you have to start the process all over again or risk being found not in compliance—and late arrivals count as absences. Additionally, you'll have to show up in court every three months to prove you're attending sessions as ordered.
Don't Expect These Domestic Violence Charges to Just Go Away
Long gone are the days when domestic violence charges were dropped because the parties in question reconciled or the victim didn't show up in court. Thanks to increasingly harsh laws and the existence of police body camera footage, Oklahoma prosecutors may have everything they need to move forward, even without the victim's blessing or participation.
Don't Let Domestic Violence Charges Destroy Your Life—Contact an Experienced Domestic Violence Attorney
Did a judge grant a protective order against you? Are you facing potentially life-shattering domestic assault and battery charges? Whether you made some mistakes or have been falsely accused and charged, there's far too much at stake to go it alone—or risk it all by working with an attorney who's a jack of all trades and master of none. When your life hangs in the balance, only a Master of One will do. Fortunately, you've come to the right place: Lee Berlin is the state's only private domestic violence attorney to focus his practice solely on defending clients accused of special victims crimes like domestic assault and battery. Contact the Berlin Law Firm today to schedule an appointment with our Tulsa domestic assault & battery lawyer. In this private consultation he will discuss your case and share the benefits of our proprietary defense system.
Have You Been Charged With A Domestic Assault And Battery Crime In The Tulsa, OK Area?
If you or a loved one has been charged with domestic assault & battery in the Tulsa, Oklahoma area you need to speak with an experienced domestic assault lawyer criminal as soon as possible. Please contact us online or call 918.384.0850 for your initial strategy session. We are proud to serve Tulsa and all surrounding areas.