It was a fight, which got out of hand. In the heat of it you pushed your partner away. The neighbors called the police. In Maine, two officers usually respond to a domestic violence call. Once at the scene, each officer will talk to one of the parties, individually. As a part of the investigation process, the officers will look for evidence such as broken items in the home or bruises on a person. The officer’s will also interview witnesses to the scene to determine if a domestic violence assault occurred. The victim relates how a fight escalated and resulted in shoving and pushing. You are wondering, can a simple push be considered domestic violence?
The question (Can a simple push be considered domestic violence assault?) is one that comes up from time to time with my clients. Maine’s law for domestic violence assault states that when one intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another family or household member, then a domestic violence assault has occurred.
Even a slight use of force can be considered assault if it is offensive physical contact. So the answer to the question is yes, slight force actions like a push or a shove can qualify for domestic violence if it is offensive to the victim. Also when giving your statement, if you admit to shoving or pushing, that’s also evidence against you.
With domestic violence assault, there is specific evidence that needs to be substantiated for the state to convict you. Your best bet is to hire a criminal defense attorney to aggressively defend you against the charges. A criminal defense attorney can look at your unique situation and determine what points can be made questioning the veracity of the state’s case against you. Was the pushing or shoving intentional, or were you just trying to get away and out of an escalating bad argument to calm down? Was it self defense?
Fighting a domestic violence charge is serious business. It is important that you act quickly and wisely. One bad decision can impact your life. Having defense counsel to help you navigate the Maine legal system and assure there is minimal impact to your future, is a step in the right direction. There are proven strategies to defending Domestic Violence (DV) charges. The sooner our legal team becomes involved in the intricate details of case, the more time we will have to do our own fact finding as we help to prepare your defense. Effective action taken by a skilled Maine criminal defense lawyer as soon as the charges are filed by the DA sometimes can result in a lesser charge or in some cases prevent any additional charges from being filed. Whether the first Domestic Violence Assault charge is due to an argument that should have never gone that far or a one-time mistake you did not mean, it is imperative that you contact our firm as quickly as possible after the arrest.
Our committed legal team is determined to take immediate action to seek a positive case outcome. If you or someone you know is charged with domestic violence, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
If you enjoyed this answer to the question (Can a simple push be considered domestic violence assault?), you may also want to read:
- Maine Law: Protection from Abuse Orders
- Domestic Violence Assault in Maine
- Domestic Violence Criminal Threatening in Portland Maine