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Domestic Violence Attorneys

Lawyer for Domestic Violence

What started out as a simple argument with a loved one may have become so emotionally charged that 911 bring officers to your door. Before you knew it, the cops arrived and placed you under arrest for domestic violence.

 

Criminal Defense Lawyer for Domestic Violence Charges

Law enforcement and state prosecutors take allegations of domestic abuse very seriously. Even if the incident were all a big misunderstanding and the alleged victim does not wish to press charges, the police would still proceed with an investigation. In fact, in most states, the District Attorneys Office has a special unit devoted exclusively to prosecuting domestic violence cases. The decision to file a case or not is the sole decision of the D.A.

Facing Domestic Violence Charges

If convicted, you’ll not only face harsh criminal penalties but will be forced to deal with people assuming the very worst about you. A criminal record could destroy your relationships, prevent you from getting a job, make it difficult to secure a loan, even prohibit you from seeing your children.

With so much at stake, you need a criminal defense attorney who will fight to protect your rights and prove your innocence. There is no other area of law that leads to as many false accusations than domestic violence. It is an accusation based on he said she said and unfortunately the system can be manipulated by individuals who seek revenge or want to gain the upper hand in a divorce, child custody dispute or other family matter.

Defining Domestic Violence

Domestic violence offenses are threats or acts of violence committed by one partner toward another in an intimate relationship. Every state has their interpretation of what constitutes an “intimate relationship” but usually involves the following…

  • spouse or ex-spouse
  • live-in or non-live-in girlfriend or boyfriend
  • a family member related by blood (parent, sibling, grandparent, cousin, aunt, uncle)
  • roommate or anyone else you share a home with
  • child, step-child

Typical Elements

One of the key elements of domestic violence is the existence of a pattern of abusive behavior in which one person exerts power or control over another person.  This abusive behavior can be physical, emotional, psychological, or sexual in nature and include:

  • Assault or Aggravated AssaultDomestic Violence Charges
  • Battery or aggravated battery
  • Child abuse or neglect
  • Stalking
  • Kidnapping
  • False imprisonment
  • Sexual assault or sexual battery

Physical abuse — aggressive or violent behavior

  • hitting and punching
  • pushing and shoving
  • choking or biting
  • grabbing
  • pulling hair
  • burning
  • cutting
  • strangling
  • destroying property

Physical abuse can also include denying someone medical treatment or forcing drug/alcohol use on someone

Sexual-abuse – coercing or attempting to coerce alleged victim to engage in sexual contact without their consent

  • rape
  • attacking sexual body parts
  • sexually demeaning

Emotional/Psychological abuse – invoking fear or intimidation through

  • harassment
  • verbal insults
  • threats to hit, injure or use a weapon on victim or victim’s children, family, friends, pets
  • threats to isolate the victim from loved ones

Domestic Violence Penalties Domestic Violence Lawyer

  • Anger management classes, therapy/counseling
  • Substance abuse treatment
  • Protective or Restraining order filed against you
  • Jail or prison time
  • Probation
  • Expensive fines
  • Community service
  • Losing your right to possess a firearm
  • Losing your immigration status
  • Losing child visitation rights or being subjected to supervised visitation

After a Domestic Violence Arrest

After an arrest, you should remain silent until you have an attorney present. Anything you say can and will be used against you in court. In addition to the criminal charge, the alleged victim may file a civil complaint which can lead to a restraining order. This order is essentially a “no contact” provision that states that you must keep your distance and not have contact with your accuser. Failure to abide by this ruling can further complicate your case.

Evidence used to Incriminate You

The prosecution needs to prove that at the time of the incident you had the intent to harm the alleged victim, and they must have suffered in some form. Evidence that may be used to incriminate you could include

  • Testimony from alleged victim
  • medical reports documenting injuries
  • photographs of injuries
  • history of domestic violence
  • testimony of eyewitnesses
  • video surveillance

Potential Defenses Against Domestic Violence Charges

An experienced criminal defense attorney can thoroughly scrutinize the evidence against you, interview relevant witnesses, review the police report, and devise the most efficient defense strategy possible.

  • Victim Recantation
  • Lack of intent
  • Alibi
  • Mistaken identity
  • Self defense
  • Defense of others
  • Defense of property