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What Acts Are Considered to Be Domestic Violence?

Sometimes family members and significant others get into fights. While many of these arguments are simple disputes that can be resolved through communication, others escalate to physical altercations. When situations evolve into domestic assault, this could result in individuals in Iowa and other states being charged with a crime. And, because this type of criminal charge involves a loved one, it has the tendency of having both potential criminal penalties and the consequence of ruined relationships.

Domestic assault is defined as violent acts committed by a family or household member against another. While this could occur between a parent and child or two adult family members, it is frequently used to describe the physical altercations between partners, whether they are married or unmarried, living together or just dating. Because of this, these violent acts are also frequently referred to as spousal abuse.

What acts are considered to be domestic violence? Domestic violence is a distinct crime and can come in various forms. It could be physical abuse, which includes acts such as hitting, biting, slapping, punching, shoving, battering or any form of violent behavior inflicted on a victim. It could come in the form of sexual abuse, which is when an abuser coerces or attempts to coerce a victim into having sexual contact without the consent of the victim.

Domestic abuse could also come in the form of emotional abuse, which involves the invalidating or deflating of a victim's self-worth or their self-esteem. Finally, it could come in the form of economic abuse, which occurs when an abuser makes or attempts to make a victim financially reliant on them.

The specific crimes charged following a domestic violence event are based on three factors. First, the severity of the victim's injuries is assessed. Second, whether a minor was present during the event is considered. Finally, law enforcement will establish whether a protective or restraining order was in place and violated during this event.

Those charged with domestic assault should understand what they could do to defend against these allegations. Initiating a timely and aggressive defense could help a defendant avoid harsh penalties and even help them dismiss the charges against them.

Source: Findlaw.com, "Domestic Violence," accessed June 4, 2017

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Keegan, Tindal, & Mason 

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  • J. Dean Keegan
  • Eric D. Tindal
  • Andrea D. Mason
  • J. Dean Keegan J. Dean Keegan

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    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
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  • Eric D. Tindal Eric D. Tindal

    Attorney

    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Mason, graduated from the University ...
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  • Andrea D. Mason Andrea D. Mason

    Attorney

    Experienced Criminal Defense in the Iowa and Illinois Quad Cities Andrea D. Mason practices in the areas of white collar ...
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  • Operating While Intoxicated Record Expunged

    Johnson OWCR106890. Attorney Dean Keegan's client received an Operating While Intoxicated, a serious misdemeanor. After reviewing the videos, Mr. Keegan filed a Motion to Suppress arguing the officer denied his client's right to make a phone call. The State declined to present testimony at the hearing and the Motion to Suppress was granted, making the client eligible for a deferred judgment. Mr. Keegan's client will have her record expunged and be able to obtain a license after 90 days instead of 180.

  • Drug Charge Charge Dismissed

    Johnson County No. OWCR039210, Iowa City, Iowa. Attorney J. Dean Keegan conducted a three-day long suppression hearing which presented the first challenge to the "Drug Recognition Protocols" used in Iowa.

  • Embezzlement No Criminal Charges Filed

    Cedar Rapids, Linn County, Iowa. An employee of a Cedar Rapids business accused of embezzling six million dollars was not charged criminally after the County Attorney agreed to abide by an agreement negotiated by Attorneys J. Dean Keegan and Jerald Kinnamon in which the accused would pay two million dollars to the company.

  • Vehicular Homicide Charge Dismissed

    Johnson County No. FECR058630- Iowa City, Iowa. Attorneys J. Dean Keegan and Jerald W. Kinnamon successfully challenged the withdrawal of blood from a Defendant without his permission after a rollover accident in which a passenger in the vehicle was killed.

  • Vehicular Homicide Charge Dismissed

    Muscatine County No. FECR03718 - Muscatine, Iowa. If convicted of the vehicular homicide while intoxicated, as alleged in this case, the Defendant would have faced the possibility of a 25-year prison sentence, 17 years of which would have to be served before he would be eligible for parole. Following the depositions of the investigating officer and consultation with an accident reconstruction expert, Attorneys J. Dean Keegan and Jerry Kinnamon negotiated the dismissal of Vehicular Homicide as part of a plea

  • OWI Charge Dismissed

    Johnson County No. OWCR083001 - Iowa City, Iowa. Attorney J. Dean Keegan alleged that the Defendant's rights to contact a lawyer or family member may have been violated after his arrest. He requested video of the breath test from the arresting officer to support his allegation. When the officer failed to produce the video evidence in response written requests, a subpoena, and a Motion to Compel, the State conceded the issue and dismissed the offense.

  • OWI Acquittal at Jury Trial

    Johnson County No. OWCR077717- Iowa City, Iowa. Acquittal at jury trial of a defendant accused of Operating While Intoxicated who refused a breath alcohol test. Tried by Attorney J, Dean Keegan.

  • OWI Case Overturned

    State v. Hornik, Segura, et. al.Iowa City, Johnson County, Iowa. When the state of Iowa established that the Datamaster breath testing machine could be used to test subjects being investigated for OWI, it failed to establish a protocol for its proper use. Attorney J. Dean Keegan, in conjunction with the Johnson County Public Defender's Office, mounted a challenge to the use of the machine based on the lack of uniform instructions for its operation.

  • Zero Tolerance Driver's License Revocation Zero Tolerance Driver's License Revocation Overt

    Iowa Dept. of Inspection and Appeals Docket No. 08DOTOW3937. Attorney J. Dean Keegan successfully challenged a "Zero Tolerance" license revocation on the basis that the officer had failed to allow the driver to contact a family member or attorney for legal advice before submitting to the test.

  • OWI 2nd Offense Charge Dismissed

    Muscatine County No. OWCR040280 - Muscatine, Iowa. After Attorney Dean Keegan scheduled the deposition of the State's expert witness in this case, he learned that the breath test was inappropriately administered by the arresting officer. The State dismissed the offense outright and agreed that the breath test result should be inadmissible so the Defendant would not face the proposed one-year administrative revocation of her driver's license.

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