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What Is Difference Between Assault and Domestic Violence?

In many cases they can be one in the same. In Kentucky, however, domestic violence is generally the issuance of an EPO (Emergency Protection Order) and may later be converted to a DVO (Domestic Violence Order). This is technically a civil hearing and the burden of proof is less than criminal hearing. There is also no ability of a judge to issue jail time at the hearing. Assault, on the other hand, is a criminal offense which may be a misdemeanor or a felony. If you have been charged with assault, you are likely facing jail time as well as fines, anger management classes and counseling. In Kentucky, a misdemeanor assault is often referred to as Assault 4th Degree and may also have the Assault - domestic violence attached to the citation. In some cases a defendant may be charged with either Assault or Domestic Violence. If there are visible injuries to the victim, many defendants will be charged with both. This is NOT double jeopardy since one is a civil action and the other is a criminal charge. Only in the assault trial is the defendant facing fines and incarceration. An experienced attorney may use one of the cases to benefit the other. Generally the EPO hearing will be held far in advance of a criminal trial. The victim will be requied to testify at either hearing and a defendant cannot be forced to testify if he is facing criminal responsibility. If there are injuries, the facts may be brought out at the EPO hearing and later used to cross examine a witness at a criminal trial. Both EPO/DVO and criminal Assault have penalties which infringe upon yoru constitutional rights. Those include who a defendant may be around, where they may go, the right to live or be in a certain place, the right to own, possess or carry firearms and the likelihood of harsher treatment if future violations occur. If you have been charged with assault or are facing an EPO/DVO trial, you should contact an experienced attorney in your area. In Northern Kentukcy, contact Michael Bouldin at 859-581-6453 (MIKE) or [email protected] for more information and consultation.

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