Domestic violence accusations are dealt with very swiftly and decisively by law enforcement. If the police respond to a domestic violence call at your home, it is very likely someone is going to spend the night in jail. Prosecutors do not dismiss these cases and will move forward with them even if the victim does not want to pursue the matter.
Families and love can be a wonderful thing. However, there are times when the right things go wrong. Unfortunately, domestic violence is a huge part of many American families today. It could be between husband and wife, siblings, boyfriends and girlfriends, same sex partners, parents and children, and many other combinations. Regardless, domestic violence occurs more often than we would like to think. The laws involving domestic violence are frequently not the same as those governing similar criminal law. There are often special provisions governing domestic violence matters. In fact many county courts have special domestic violence courtrooms dedicated to processing domestic violence cases.
Domestic abuse also involves allegations of stalking, assault, battery, harassment, and sometimes sexual assault. If you or someone you know is facing these types of charges, we understand the confusion and fear a person may be experiencing. The best law firms strive to educate clients about the process they will go through, their rights, and the options that are available.
A suspected aggressor may be completely innocent but it is not uncommon for him or her to still be charged with domestic violence. Don’t let the charge make you feel hopeless. You still have options. There is still hope. Domestic abuse lawyers have found that, in some cases, the individual making the accusations is actually the one who perpetrated the violence to begin with. Domestic violence attorneys are aware that not everything is as cut-and-dry as it may seem so they will take the time to review the details of your case.
Fighting False Accusations of Domestic Abuse
When the police respond to a domestic violence call, they often arrive on the scene with an expectation that someone will be arrested. Even in a fight between a husband and wife, or girlfriend and boyfriend, the police are often inclined to make an arrest even if the alleged victim does not want to prosecute. The odds are overwhelming that the person arrested will be male. However, over the past few years the number of women arrested of domestic violence is increasing.
The law enforcement officers involved in these cases have to make very difficult decisions in a very short amount of time. Many times, the police are confronted with conflicting versions of what occurred, and must make a judgment call about which party was the “primary aggressor.” The police officers in these cases rarely have access to all of the information about the past difficulties between the parties, including prior acts of domestic violence. In most of these cases there are no other witnesses to the incident other than the parties involved.
Depending on the circumstances, a felony domestic violence conviction can lead to you spending several years in prison and paying very large fines. If the district attorney uses the great bodily injury enhancement, the sentence could be even more strict. All domestic violence convictions have serious consequences. Even a misdemeanor conviction can carry a maximum of one year in county jail, a big fine and several years’ probation.
Security guards and law enforcement officers often lose their jobs after a domestic violence conviction. Future background checks can limit your employment options or ability to interact with children. You may lose your constitutional right to own or carry a firearm. You may also become subject to warrantless searches and seizures as a condition of probation.
