Interviewer: In an assault or domestic violence case, how does probation come into play?
Lauren Scardella: Probation would come into play if somebody were to be convicted or put in a first offender’s program for an assault or any domestic violence related charge. It would be essentially the same terms and conditions as any other type of probation. Probation is tailored to the individual and the specifics of their offense so that somebody might be required to do additional things like go to anger management, a batterer’s intervention group therapy program, etc. There are all sorts of different conditions that could be imposed on somebody.
Common Scenario Resulting In Assault or Domestic Violence Charges
Interviewer: What is the most common scenario when it comes to assaults? What is the story that you hear the most?
Lauren Scardella: The story I hear the most is “My girlfriend and I were drinking and we got into an argument and I pushed her and she fell into the wall and she called the police.” It’s not always exactly the same circumstances, sometimes it starts with “She pushed me and I pushed her back.” Rarely is it the type of situation which we recently saw in the news where you see a video in an elevator where the accused just socks a woman and she goes down like a rock.
Physical Injuries Commonly Take Place in a Domestic Violence Scenario
Unfortunately, abusers learn how to abuse without causing a black eye or a lot of visible physical damage. If somebody is a really serious abuser, they are going to hit with an open hand or you’re going to see bruises but maybe on places where they can be covered by clothing. If you look at another recent news story, that poor little boy that was abused by an individual all over his legs and his rear-end. If he hadn’t been seen by a doctor, maybe nobody would have known. I’m certainly not going to say that that’s the reason that it was done in that area but that’s often the way that abusers do things so that they’re not found out.
It is Best to Consult With a Family Lawyer If You’re Convicted of a Domestic Violence Charge and Embroiled in a Custody Battle
Interviewer: If the case did not involve the child and let’s say one spouse hit the other and he was convicted of that, does that mean the parental rights are going to be taken away?
Lauren Scardella: I’m not a family lawyer, so my best advice to somebody in that situation would be to consult with the family lawyer. It’s something that any competent divorce attorney would try to use against somebody’s spouse to diminish their parenting rights. Anything like that is an issue.