There are many different types of assaults. Some assault charges are as low as a Class C misdemeanor, and some assault charges are felonies. A domestic assault occurs when the alleged victim is a family member, household member, or someone in a dating relationship with the alleged offender. When an assault is aggravated, there is usually a deadly weapon or serious bodily injury involved.
No matter what level of assault you are charged with, there is often way more to the story than what the police officers write in their report. The reporting officers simply don’t know the parties involved. They don’t know their background, or what happened in their lives to make them who they are today. Sometimes, the police are simply called to “break up a disagreement” or to “prove a point.” Once the police are called, they have to ensure that the arguments or violence will not continue or escalate after they leave. Sometimes, Officers have to make quick judgement calls, which usually results in one of the two parties involved being arrested, without the officer having any knowledge about the individual’s history or background.
It is important to have an attorney who will take the time to thoroughly investigate what really happened and learn your history and background so that you don’t get convicted based on a false or misleading story.
Emergency Protective Orders and Conditions of Bond
It is common practice for a Court to order an Emergency Protective Order (“EPO”), or order Conditions of Bond in assault cases. An EPO is granted to protect the alleged victim from the alleged offender. Conditions of bond are ordered for the court to supervise the alleged offender, and to also protect the alleged victim. EPO’s and Conditions of Bond that are related to assault cases usually restrict the alleged offender from being in contact with the alleged victim, and usually restrict them from returning to the alleged victims address as well. We understand that this is not always ideal or necessary.
Whether you are co-parenting, live in the same house as the alleged victim, no assault actually occurred, or a number of other scenarios, no contact and not returning to the alleged victims address can put your life on hold and restrict you from necessary duties. Sometimes, an attorney can file a Motion to Modify Conditions of Bond or Emergency Protective Order to ask the court to allow you to have contact with the alleged victim, and to be able to return to a certain address. If you violate an EPO or Conditions of Bond, you could get into serious trouble with the court, and it could result in additional criminal charges. If you need Conditions of Bond or an EPO modified, speak with an attorney as soon as possible so they can start looking into your options.