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Domestic Violence
Domestic violence is the injury or attempted injury of another person in the home, usually a spouse or life partner. Iit can also be a child, parent, or other family member. Domestic violence can be physical, emotional, sexual, psychological, or a combination of some or all of these. Even if the parties don't currently live together, a case may be considered domestic violence, if they have a child in common or are related by consanguinity. Gay men and lesbians can suffer from domestic violence at the hands of their partners or former partners. Men can suffer domestic violence at the hands of women.
There are both federal and state domestic violence laws—each has its own provisions and penalties.
A Serious Offense
Statistically, where domestic violence occurs, the likelihood of serious injury or death increases dramatically as compared to other violent encounters. When someone has been arrested, going to be arrested, or already charged with domestic violence, they need to understand that this is a serious accusation and a serious offense. State and federal legal systems take these cases very seriously and judges make significant effort to punish perpetrators of domestic violence, especially if the violence involves children. A domestic violence conviction can mean:
- Jail or prison
- A criminal record
- Mandatory anger management classes
- Being barred from owning a firearm or having a firearm in your possession
- Negative effects on your efforts to get a job requiring a security clearance
- Obtaining a visa extension or green card and if a green card was already issued, naturalization.
In addition, a domestic violation conviction can affect your access to your children and your home. Restraining orders are issued as standard practice and being accused of violating a restraining order can lead to more complicated and more serious penalties.
A Domestic Violence Defense Lawyer
A domestic violence defense lawyer can help the accused in every phase of the legal process including:
- during investigation
- in conversations with the prosecutor during the charging phase
- with bail following an arrest
- at arraignment
- at hearings and trial
- during sentencing if a conviction results
With an experienced defense attorney, someone charged with a domestic violence offense lilke assault or battery, spousal rape, or committing a violent act in the home, in presence of children has a better chance of getting fair treatment in the legal system.
A defense attorney can help to limit the damage that a domestic violence arrest or conviction can cause. It is exceptionally difficult to negotiate a dismissal of any domestic violence charge. However, depending on the facts of the case, it may be possible. It may also be possible to obtain a reduction of the charges.
Talk with an Attorney to Protect Your Rights
Everyone has the right to competent and committed legal representation. Call us and speak with a qualified domestic violence defense attorney today. Discuss your rights and know your options.
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