Combating Domestic Violence Charges
Family violence charges may lead to emotions such as anger, confusion, hurt and a sense of betrayal. Both the victim and the accused experience these emotions. Consult a domestic violence defense lawyer to help you through the next steps.
Obey Court Orders
If you are facing domestic violence charges and received a restraining order forbidding you to contact someone, obey the order. That is the first step in solving your problem. You are probably thinking, “I have been treated unfairly; I didn’t do it; I have a right to see my children.” All of which may be true, but more severe problems can arise if you disobey the order.
Family Law Violence Cases Are Complex
Domestic violence cases are difficult on all parties. If you are facing domestic violence charges, you are fighting a battle on two fronts. You probably saw the results of the civil action first. A temporary ex-parte order may have been issued. Ex-parte means only one side has presented their case to a judge. Quite possibly you spent 24 hours in jail. You also have been ordered to stay away from certain family members or someone with whom you had a child. The law provides for a hearing within 10 days. This part of the process is a civil action, and you will not face any additional jail time from the civil action unless you violate the order.
However, there is a corresponding criminal action; you can be sentenced to jail time by a criminal court. As stated before, the first step in solving your problem is to obey the restraining order. A person charged with criminal domestic violence has legal problems and is under a great deal of stress and confusion. A domestic violence defense lawyer may help with both issues.
Legal Defenses In Family Violence Cases
Family law violence statutes prohibit violent acts among certain classes of people. Those protected against acts of violence include current and former spouses, people who have a child in common, children, stepchildren, parents, stepparents, foster parents, foster children and persons currently living or who formerly lived in the same household. If a person in one of these classes assaults, batters, threatens to assault, stalks or destroys the property of a person in the protected class, they have committed family violence.
As with all charges, there are defenses to family violence charges. Often family violence is a he said, she said case. Do not be discouraged if you did not win the civil case. The plaintiff only has to prove its case by a preponderance of the evidence in a civil case. Preponderance of the evidence means the plaintiff just has to convince a judge that it is more likely than not that you are guilty. Moreover, a civil hearing can occur within 10 days. In a criminal case, the prosecutor has to prove the case beyond a reasonable doubt. Also, you and your attorney will have more time to prepare. An experienced criminal defense lawyer should be involved from the beginning of the process, even before the civil hearing. Although the first hearing will be a civil case, what you say in the civil case can be used against you in a subsequent criminal case. With all due respect to people who have been charged with family violence, frequently the biggest enemy they face is the person in the mirror. A family violence charge shakes people to the core and upsets their daily living pattern. Emotions are high. Therefore, it is important to have an attorney to help keep you from making critical mistakes. Family violence cases, even misdemeanors, can affect your right to purchase, possess or carry firearms for the rest of your life. It is very important to speak with an experienced criminal defense lawyer if you want to preserve your 2nd Amendment rights.
Contact Our Domestic Violence Defense Lawyers
Kim Frye, Jennifer Mason and Hayden Warmington are experienced and zealous domestic violence defense lawyers. Attorney Frye formerly worked in a district attorney’s office as a prosecutor and now defends people accused of crimes. In addition, Attorney Warmington served as a Henry County public defender. Because of our attorneys’ diverse experiences working both sides of the criminal law court, we know what to expect. Our team will investigate the facts of the case before it goes to trial. We will fight for your right to a fair trial. If a witness makes false statements, we will be ready to question them about inconsistencies in their testimony. We will hold the state to their burden of proof.
Our firm also knows that a family violence case is about more than legal facts, trials and plea bargains. People charged with family law violence may be unable to see their children, hurt because they have been accused unfairly and uncertain of the future. Often family violence cases follow a pattern. An experienced attorney knows the patterns and how to help you. We know the law and the stress that the family is enduring.
If you have been charged with family law violence, obey the court order. Next, call one of our attorneys. A civil hearing and a criminal case may be in your future, and you need legal representation.