Q: Under 39-13-111 is this considered a domestic assault? See details.
You have a husband and wife named Jon and Jane, and a boyfriend and girlfriend named Jack and Jill. Jon was previously married to Jill and they have one child together. Jon and Jack do not know each other except through Jill. Jon and Jack assault one another. Is that domestic assault? If so, how?
Would it be domestic assault if Jack and Jill were married at the time of the assault?
So basically if the biological father of a child and the step father of that child assault one another is that considered domestic assault? Or simple assault.
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A: It should be charged as Assault or Aggravated Assault. But very often LEO's want to charge for the most serious misdemeanor there is, Domestic Assault. Anyone charged with that should demand a Preliminary Hearing, and if bound over, start looking for Diversion.
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A: Do not plead guilty to Domestic Assault under any circumstances except Diversion.
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