Domestic assault remains a pressing issue in South Dakota, impacting individuals, families, and entire communities. Under South Dakota law, domestic abuse refers to physical harm, bodily injury, or attempts to cause physical harm against a family or household member. This can include spouses, former spouses, people in a significant romantic relationship, and family members.
Although it is important to address instances of domestic violence it is equally important to recognize the significant damage caused by false allegations of abuse. Those who find themselves falsely accused of domestic assault are wise to learn about the system and the impact of the allegations to help build a case against the claims.
Step-by-step after a domestic assault report
Although the exact process will vary depending on the details of the situation, when a domestic assault report is made in South Dakota, the following steps typically occur:
- Police report: The victim or a witness calls the police to report the assault. If called in during an alleged incident, the responding officers will survey the scene and may make an arrest. If the report is made after the incident, the process proceeds to the next step.
- Investigation begins: Law enforcement officers investigate the claim, gather evidence, and interview witnesses.
- Arrest: If sufficient evidence exists, the police arrest the suspect.
- Court process: The case may then move through the legal system, from arraignment to trial.
Again, while going through this process it is important to remember that the impact of allegations of domestic assault extends beyond the alleged victim. False allegations of domestic violence can lead to significant backlash.
Impact on the accused
In addition to navigating the criminal justice system, the accused may also find themselves facing judgement from the court of public opinion. We have seen this as the system tries to sort out actual and false claims within the #metoo movement and the same holds true for those navigating false allegations of domestic violence.
Domestic assault in South Dakota carries significant legal penalties and profound societal implications. It may be tempting to agree to a deal to make it all go away — but this rarely the case. In reality, the presence of this type of conviction on your record can make it difficult to move on with your life. Those who are going through a divorce may find it difficult to get time with their children and it can also serve as a hurdle to your professional and personal life. As a result, anyone facing these allegations should take the matter seriously and begin gathering evidence to refute the claims.