I didnt do it

[daro666]

How can you win a case of domestic violence when you did not harm the victim?

[CdwJava]

Originally Posted by daro666

How can you win a case of domestic violence when you did not harm the victim?

That depends on the actual charge. if you charged with harming the victim, and the state cannot prove that beyond a reasonable doubt, you win.

If, however, you are charged with striking the victim (assaulting her) then "harm" is not an element of the offense.

You can be found guilty through physical evidence, statements, etc.

Perhaps if you'd care to be a little less vague about the circumstances? And, advise the state of occurrence?

- Carl

[FlyingRon]

Actually for assault, you don't even need to make contact. The threat of bodily harm is all that's required in most states (what state are we talking about here).

[CdwJava]

Most people tend to use the term "assault" to equate to what is "battery" in my state, so I tend to use the term in its commonly referred to form. In CA "assault" is as you mention, essentially, an attempted "battery."

- Carl