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Domestic Violence Lawyer
How Someone can be Charged With Domestic Violence
Domestic violence is defined as violent or aggressive behavior inside of the home. It is committed against one’s spouse or romantic partner. In order for a person to be charged with domestic violence, one or more of the following things must occur.
- Assault
- Homicide
- Kidnapping
- Terroristic Threats
- Stalking
- Harassment
- Criminal Trespass
- False imprisonment
- Sexual assault
If none of the following occurred, then the judge will likely throw out the domestic violence charge.
Why You Should Contact a Domestic Violence Lawyer
It is important to contact an attorney as soon as possible if you have been accused of domestic violence. Domestic violence can have long-term consequences including jail time, fines and community service. You may also be ordered to take anger management classes. Furthermore, a domestic violence charge can ruin your reputation. People who have a domestic violence charge on their record are often thought of as hurtful, angry people.
You could lose your rights that you are entitled to as an American citizen if you have a domestic violence charge. For example, you may not be able to own a gun. You may also lose your right to vote. Additionally, if you have a domestic violence charge on your record, then it will be harder for you to get a job.
If you are going through a divorce, a domestic violence charge can have even more consequences. You could be forced to leave your home. Domestic violence can also affect child custody, child support and alimony. If you have an attorney, then you will be much more likely to get your charges dropped. An attorney may be able to get your charges reduced if they are not dropped.
Domestic Violence Defenses
Wrong Suspect
A defendant can establish their innocence by saying that they were mistaken for someone else. There are several ways that they can prove this. For example, they can present evidence to prove that they were not at the scene during the time.
Deliberately False Allegations
In many cases, a person will lie about being hurt by their partner. They do this because they want to hurt their partner. This often happens when a couple is going through a nasty divorce or child custody battle.
The main thing that domestic violence defense attorneys do is look for inconsistencies in a person’s story. They may also compare the person’s story to the witness accounts and police reports. The attorney compares the different accounts in order to see whether they match.
Self-defense
Even if a person was physically violent towards their partner, they may be able to get off by saying that they used self-defense. This defense may work if the defendant can prove that the other person was an imminent threat to them or the children. It may also work if they can prove that they were not the one who started the fight.
Consent
If a person can prove that their partner consented to the act of violence, then they may be able to get off. However, it is rare for a person to be able to successfully use this defense in court.
Lack of Proof
This is one of the strongest defenses that a defendant can use. The allegation has to meet the burden of proof prerequisite. Burden of proof is the responsibility of providing a sufficient amount of evidence to prove that the alleged incident really happened. Many people are able to get off because there is no proof that the domestic violence incident really happened.
Don’t deal with Domestic Violence Lawyer alone. Speak to the Spodek Law Group today.