Prompt Action by an Experienced Criminal Defense Attorney
When someone is wrongfully accused of a crime, especially domestic violence, the stakes are high. Domestic violence has received special scrutiny in recent years due to a rise in domestic violence crimes. False allegations of domestic violence may prove useful to gain the upper hand in a marital, relationship or child custody dispute. An experienced domestic violence defense attorney will be required to investigate the complaint and ensure that the defendant’s constitutional rights are protected throughout the legal process.
Unfortunately, legal sanctions designed to reduce domestic violence incidents are often employed as a weapon. Merely accusing a spouse or significant other with domestic violence can inflict great harm on the alleged perpetrator. Not only can a defendant be evicted from their home, they may suffer financial repercussions, lose custody of their children, become the subject of a restraining order or even be incarcerated while awaiting disposition of their case.
Domestic violence allegations require immediate attention by an experienced criminal defense lawyer to examine the criminal complaint and evaluate the evidence underlying the domestic violence charge. There may be questions concerning legal jurisdiction, or The evidence may be insufficient to support the allegation. In more complicated cases, it may be necessary to request additional time to complete a thorough investigation. The advantages of requesting an adjournment must be weighed against the ongoing effects of existing court orders. A defendant’s inability to access their home and children for an extended period of time may prove prejudicial. It’s not uncommon for a spouse or significant other to file false domestic violence charges merely to force a defendant to leave their home and children.
Domestic Violence Charges
Originally, domestic violence statutes only concerned married couples. Domestic violence laws now cover former household members, dating, roommates and other relationships. Common types of domestic violence include assault, homicide, kidnapping, terrorist threats, imprisonment, illegal restraint, sexual contact or assault and violations such as trespassing, stalking and harassment. Even false allegations of domestic violence may require legal counsel to litigate matters such as money damages or financial support within the context of a domestic violence proceeding. The complaint, confidential victim reports, transcripts and police reports must also be analyzed and challenged when necessary.
In the event that an alleged incident of domestic violence was never reported to the police, this may constitute evidence that the incident never occurred. An experienced criminal defense attorney knows how to disprove wrongful domestic violence allegations. False accusations of criminal wrongdoing must be handled with extreme care. The consequences of a domestic violence conviction are severe and long-lasting. Contact us today to learn more.