If you have been charged with domestic violence, your whole world may turn upside down. The first crucial thing you have to do is choose one of the best domestic violence lawyers in your area.
Domestic violence charges have serious lasting effects and consequences for everyone involved. From prison time to job loss to custody battles – those are just to name a few consequences. In today’s post, we’ll get to learn the basics of this area of the law and how domestic violence lawyers can help you.
We will share some necessary information about domestic violence law in this article. In no way should this be interpreted as specific legal advice. We hope that the information you find here today will help you when you meet with domestic violence lawyers. If you would like to talk about your case with us, please don’t hesitate to reach out to our office.
Domestic Violence Law: The Basics
For more specific information about this area of the law and how it applies to your particular situation, it’s best to consult with a domestic violence lawyer during a consultation. This way, he or she can give you proper insight into the law and give you specific legal advice.
Domestic violence cases refer to illegal actions in and around the house concerning the residents of that household.
If the same prohibited activities take place outside the premises, they may not be classified as domestic violence, albeit may still be crimes.
The courts take domestic violence seriously, and some punishments may be severe. Some of them include:
- Leaving the home
- Massive fines
- Jail time
- Loss of employment
- An increase in child support or spousal support payments
State-Specific Domestic Violence Laws
Each state in the United States has its own specific definition and stipulations about this area of the law. You can ask your local domestic violence lawyers what these specifications are and how they directly impact your situation.
Here are some differences you may encounter about domestic violence in different states:
- The exact description of domestic violence.
- The impacts of it in a child custody case.
- Whether the lawbreaker is ordered to stay away from the family or kicked out of the house.
- Whatever the catchall provisions included that will allow the court to have power over the cessation of the case.
- Presenting definite and convincing evidence, the burden of proof, and beyond unreasonable doubt.
Responsibilities of Domestic Violence Lawyers
One of the most apparent responsibilities of domestic violence lawyers is the collection of evidence. From these facts, they will then build a solid defense, present the argument in court, and negotiate with the prosecutor when necessary.
There are also other less obvious yet equally important assistance domestic violence lawyers offer.
They help the district attorney reduce the charges or drop the case altogether.
The decision is up to the district attorney, not to the alleged victim. In some cases, an attorney may be able to persuade the district attorney to either drop the case or reduce the charges.
They help establish a self-defense claim.
This is the most common argument of defense lawyers.
It entails providing proof that the accused simply acted out of self-defense, and therefore justified.
They help establish your credibility.
Establishing credibility is essential in a domestic violence hearing.
More often than not, these cases usually morph into a “he said/she said” discussion. Thus, establishing that you are more credible than the other party is crucial.
They may argue that the charge is unnecessary.
It’s not uncommon for domestic violence lawyers to argue that the charge was so inconsequential that it doesn’t warrant a charge at all.
They make sure that all witnesses are competent to provide testimonies.
Not everyone can provide testimony in a domestic violence case. Your attorney can ensure that the prosecution follows all rules in presenting witnesses and evidence.