Spousal Abuse Charges

Spousal abuse occurs when one spouse commits an assault against the other spouse. Instead of a specific spousal abuse charge, many states incorporate spousal abuse into their assault family violence statutes. Regardless of the term used, spousal abuse is considered an assaultive offense which can have multiple long-term consequences. Read on to learn more about spousal abuse, the available defenses, and possible consequences of a spousal abuse conviction.

What is Spousal Abuse?

As mentioned, spousal abuse is a category of assaultive offenses where one spouse assaults another spouse. Each state has its own title for spousal abuse which can include assault family violence, domestic battery, or domestic family violence. Even though the title may be different, the basic elements are the same.

The first element of any spousal abuse charge is proving that the defendant had a spousal relationship with the victim. Some states require proof of a formal, legal marriage to support a spousal abuse charge. Others permit the charge for informal marriages or assaults involving ex-spouses. Some states do not recognize marriages of domestic partners or same-sex marriages, so spousal abuse charges in these situations will turn on the charging state’s definition of marriage.

The second element of a spousal abuse charge is proving that the victim spouse was abused or assaulted. This component will also vary by state. Some require proof of an actual injury that resulted from an assault before a spousal charge can be filed. Other states will consider threats of violence, even without evidence of an actual injury, as spousal abuse.

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Defenses to Spousal Abuse Charge

Because spousal abuse is an assault type charge, the same defenses for an assault are available for a spousal abuse charge including self-defense and mutual combat. In the context of spousal abuse charges, many defendants demonstrate the falsity of charges by presenting evidence on the conspicuous timing of certain charges. For example, a victim spouse suddenly decides to file spousal abuse charges one week before a hearing on temporary child custody matters.

The next defensive strategy is to contest the nature of the relationship. Since spousal abuse is predicated on the existence of a marriage, informal marriage, or prior relationship, a potential defense is to show that the parties were not married at the time of the assault or that an extended period of time has passed such that the spousal abuse charge should not apply. Even though a defendant may still be found guilty of an assault charge, the potential punishment range is reduced by the deletion of the spousal element. Depending on the nature of the allegations, this reduction in charges can be the sole difference in a misdemeanor versus a felony punishment range.

Potential Consequences of a Spousal Abuse Conviction

Spousal abuse can carry misdemeanor and felony punishment ranges. If a defendant has never been convicted of an offense, then the first spousal abuse conviction will usually only result in a misdemeanor punishment. A misdemeanor punishment can involve jail time up to one year. It can also include a term of probation ranging from six months to two years. Often, judges will include provisions in the terms and conditions of a probation order similar to a protective order. A defendant is ordered to refrain from any contact or certain types of contact with the victim spouse.

If a defendant has a criminal history of spousal abuse, then a charge can be enhanced to a felony level offense. The first type of elevation is through prior convictions. A defendant previously convicted of a misdemeanor spousal abuse charge can have his sentence enhanced by a prior conviction. The second type of elevation is through charges. If a defendant commits several acts of spousal abuse over a given time period, then the charges can be pulled together into one indictment for continuous spousal abuse.

A charge can also be enhanced by the circumstances of the assault. Some states will enhance a spousal abuse charge to a felony if the use of a weapon or choking is included in the allegation. Either type of enhancement will bump the punishment range to a felony level offense ranging from two years to ten years in prison. A defendant can also make an application for probation. If the request for probation is granted, the court may impose many of the same requirements discussed above included that defendant complete anger management courses, a batterer’s intervention program, and any other type of counseling that could assist in the rehabilitation of the defendant.

Other Consequences of Spousal Abuse

Potential consequences are not limited to criminal sentences. Some spousal abuse charges only result in the filing and granting of a protective order. For a defendant, this may or may not be the best resolution. Federal statutes and some states prohibit persons who have a protective order entered against them from possessing a firearm. If a defendant is in the country illegally or is in the middle of any immigration process, then a finding of spousal abuse in a written court document can result in a defendant spouse’s deportation.

A conviction or entry of protective order can have additional effects on any divorce proceedings. Not all states permit the award of alimony or spousal support, but those that do, authorize the award of spousal support when a defendant has been convicted of domestic abuse or a protective order has been entered. Alternatively, the divorce court can punish a defendant monetarily by giving the victim spouse a larger share of the community estate.

Even when charged as a misdemeanor, spousal abuse can carry severe potential penalties range from ending a career to serving a lengthy time in prison. Some states will revoke certain professional licenses after an assault conviction. Before a defendant accepts a plea, he should understand all of the collateral consequences of a spousal abuse conviction in his state. A family law and criminal law attorney can assist in the handling of charges to minimize the short and long-term impacts of a spousal abuse conviction.

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Case Studies: Spousal Abuse Charges

Case Study 1: Maria and John

Maria and John are married and have been experiencing relationship difficulties for several years. During an argument, Maria accuses John of physically assaulting her. She decides to file spousal abuse charges against him, seeking legal protection and justice. Maria’s primary goal is to ensure her safety and hold John accountable for his actions.

She works with law enforcement and seeks the assistance of a skilled lawyer specializing in spousal abuse cases. The attorney helps Maria gather evidence, such as photographs of her injuries and witness statements, to support her case. John denies the allegations and claims that Maria’s injuries were accidental.

His defense attorney argues that the evidence is insufficient to prove spousal abuse beyond a reasonable doubt. The court reviews the evidence and witnesses’ testimonies to determine the validity of Maria’s claims. If convicted, John could face penalties ranging from probation to imprisonment, depending on the severity of the charges and his prior criminal record. Additionally, a protective order may be issued to ensure Maria’s safety.

Case Study 2: Rachel and Michael

Rachel and Michael are going through a contentious divorce. Rachel, motivated by a desire to gain an advantage in the child custody proceedings, falsely accuses Michael of spousal abuse. She hopes that the accusations will cast doubt on his ability to provide a safe and stable environment for their children. Michael hires an experienced defense attorney who highlights the suspicious timing of Rachel’s accusations.

The attorney argues that the charges are unfounded and merely a tactic to gain an upper hand in the custody battle. To challenge the nature of the relationship, Michael’s attorney presents evidence demonstrating that Rachel and Michael were already separated and living apart when the alleged abuse occurred. They argue that the spousal abuse charge should not apply in this situation.

The court carefully examines the evidence and considers the motive behind Rachel’s allegations. If the court finds the accusations to be false, Rachel’s credibility may be undermined, which could have repercussions in the custody proceedings. Regardless of the outcome, the false spousal abuse accusation has already impacted Michael’s personal and professional life. It is crucial for individuals facing such charges to seek legal representation to protect their rights and reputation.

Case Study 3: David and Sarah

David and Sarah have a long history of domestic violence incidents. Sarah decides to report the ongoing spousal abuse to the authorities, seeking safety and justice. Law enforcement intervenes and initiates legal proceedings against David. Due to the repeated nature of the abuse, David’s charges may be elevated to felony-level offenses.

The court takes into account the use of weapons and the severity of Sarah’s injuries when determining the appropriate punishment. David’s defense attorney argues that he is willing to seek rehabilitation and undergo anger management courses to address the underlying issues that contribute to his violent behavior. The court may consider this as a mitigating factor when deciding the final sentence.

In addition to potential imprisonment, David’s spousal abuse conviction may have long-term consequences. It could result in the revocation of professional licenses, impact employment prospects, and affect any ongoing divorce or custody proceedings. David may also be required to comply with a protective order, which restricts his contact with Sarah.

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