Domestic violence charges. It’s one of those subjects no one likes to discuss. But millions of families across America face domestic violence allegations every year. Whether you’re a victim seeking justice or someone who’s falsely accused… knowing about criminal defense is important. Here’s why.
Photo by Anete Lusina
This quick crash course on criminal defense will teach you how the legal system works in domestic violence cases. It’ll explain how a good defense can protect your rights and your family. So whether you’re dealing with false accusations or fighting for justice against an abuser… you’ll understand how the law is meant to work.
And how to ensure it does.
Let’s dive in.
What you’ll learn:
- Why are domestic violence cases so common
- What happens when someone gets charged
- How a domestic violence defense works
- Why legal representation is critical
- How to protect your rights from day one
Why are domestic violence cases so common
Did you know that every minute, about 20 people in the United States experience physical abuse by an intimate partner?
The numbers are truly shocking.
As reported by the NCADV, nearly 10 million people become victims of domestic violence each year. However, the Centers for Disease Control (CDC) reports that domestic violence actually impacts 1 in 4 women and 1 in 9 men at some point throughout their lives.
Keep in mind, these domestic violence cases don’t just harm the person being abused.
They destroy families. They impact children in more ways than anyone can imagine. They cause people to lose their jobs. And they create chaos that spills over into friends, neighbors, and coworkers.
That’s why defending against domestic violence is one of the most crucial aspects of criminal defense.
When someone gets accused, there’s a lot riding on the outcome of their case. Not only do they face severe consequences if convicted — jail time, restraining orders, loss of child custody, and a criminal record. But families also suffer when their loved one doesn’t have strong El Cajon legal representation on their side.
Which leads to the next point…
What happens when someone gets charged
When most people think about domestic violence cases, they imagine a husband physically abusing his wife.
But assaults come in many forms. And they can happen to anyone.
Domestic violence can occur between people who are married, living together, or just dating. It can involve parents and children or even siblings. And it doesn’t always require physical violence. Threats, stalking, or sexual assault are also forms of domestic violence.
Because of this, domestic violence charges can be filed in any situation involving intimate partners. And once they are… things happen very quickly.
Here’s how a domestic violence case typically progresses:
- An arrest occurs: Police often arrest at the scene. In some cases, they’ll arrest based solely on one person’s word against another.
- Charges are filed: The prosecuting attorney files charges, which could be misdemeanor assault or a felony restraining order violation.
- Protective order is filed: The judge can order the accused to stay away from the accuser immediately.
- Trial: Depending on the circumstances, the case may go in front of a judge or jury.
The problem is that once the arrest occurs, a family’s life completely changes overnight.
They may not be able to return to their home. They may lose custody of their children. And they might even lose their job, pending the outcome of their trial.
So, how does someone protect themselves from wrongful accusations? Know your criminal defense rights.
How a domestic violence defense works
When someone is accused of hurting a loved one, the instinct is to defend themselves as quickly as possible.
But that doesn’t mean saying or doing anything without speaking to a lawyer first.
A solid domestic violence defense begins with gathering all of the facts. Oftentimes, domestic violence accusations are murky. Maybe the parties were yelling at each other. Then someone got hurt. It doesn’t always mean the person who threw the first punch is automatically guilty of abuse.
Things to consider include:
- Who started the altercation?
- Are there injuries? If so, who inflicted them?
- Is there any proof (pictures, texts, emails)?
- Could the accuser be making false allegations out of anger or revenge?
The point is… domestic situations can get out of hand quickly. One thing leads to another and before anyone knows it, the police are showing up at the door.
And if someone has been accused, they need a defense attorney who will vigorously investigate every angle of the case.
Which brings us to the next point…
Why legal representation is critical
There are few things more devastating than having a criminal charge filed against you — especially when it involves loved ones.
Not only could there be a felony on the record. The accused could lose their job, spend time behind bars, and suffer other consequences that will follow them for the rest of their life.
That’s why no one should face a domestic violence charge without an attorney present.
Having legal guidance from an experienced criminal defense lawyer can mean the difference between a dismissed case and life-changing penalties. An attorney will know how to protect the accused person’s rights and work tirelessly to achieve the best possible outcome for the case.
Think a domestic violence charge can be handled alone?
Don’t risk it.
How to protect your rights from day one
So someone has been accused of hurting a spouse or significant other. Now what?
First and foremost, know that there are rights. The accused is allowed to remain silent. There’s no obligation to answer any questions until an attorney is present.
Second, take every allegation seriously. If a judge issues a protective order, strictly abide by it. Don’t take any chances and assume everything will be OK.
Third, start collecting any evidence that could support the case. Text messages, emails, witness statements, and anything else that tells the full story.
And finally… contact an attorney immediately.
The sooner someone builds a defense against domestic violence allegations, the better off they’ll be.
Wrapping it up
As mentioned earlier, domestic violence impacts millions of Americans each year. It’s not an issue that only happens to “other people.”
People you know. Family members. Friends. Co-workers.
And if a domestic violence case happens to your family, knowing about criminal defense just might change everything.
Defending against domestic violence requires a keen knowledge of criminal law. That’s why hiring a lawyer with extensive experience handling domestic violence cases is always the right move. The right legal team can protect rights, preserve families, and ensure that justice is served the way it should be.