What if you are accused of domestic violence battery?
False accusations of domestic violence battery are prevalent. Laws created to protect victims of domestic violence are being used against actual victims. Additionally, people are using the law to try to gain an unfair advantage in civil proceedings. Here is a small guide for reference:
Say I want a LawyerCall a lawyer as soon as possible. Before making any kind of statement to law enforcement, be sure to consult with an attorney. Everything you say will be used against you. Be careful not to make any spontaneous statement. Be humble and request a lawyer at every stage you are accused of domestic violence battery. Statements made which you think would "get you off the hook" or show the truth will be twisted and used against you. Even if you did nothing or acted in self-defense, do not make any statements. Let your lawyer sort that out for you in order to avoid giving them something to use against you.
Document everythingBe sure to document everything that happened with your lawyer. Take photos if there are any bruises or injuries to you or your loved one.
Hire a lawyer with experience defending this chargeYou want to hire a competent attorney who will aggressively defend you against domestic violence battery. Even if you are charged with a misdemeanor, this type of charge will have many adverse affects on your life. For example, you could be forbidden to own a firearm for the rest of your life. Additionally, this type of charge will adversely affect your career. Many places of employment and professional licenses will terminate employment or license upon a domestic violence battery conviction. You could even lose your lease if you rent an apartment.
The case in courtOnce you have hired an attorney, your attorney will file documents with the court. Your attorney should take time to go over the facts of the case with you. Your attorney will review whether there are any pre-trial motions to be made with the court. You will be given several different court dates throughout the criminal court case. You may or may not decide to go to trial with the competent advice of your attorney. Please call me for a consultation if you have been charged with domestic violence battery.