Domestic Violence Lawyer

As recently as a few decades ago, “domestic violence” was not something law enforcement authorities or court systems took into consideration when prosecuting criminal offenses like assault and stalking. Many states did not even allow certain domestic violence crimes to be prosecuted at all, most notably sexual assault within a marriage. Today, though, allegations of violent and threatening behavior towards a family member, housemate, or roommate are taken very seriously and can lead to severe criminal consequences as well as repercussions in family court.

There is no one-size-fits-all approach to dealing with domestic violence allegations, but having a seasoned private defense attorney on your side will almost always improve your chances of securing a favorable case result. Whether you have been charged with the specific crime of “domestic violence” or “family violence”, guidance and legal support are available from a knowledgeable domestic violence lawyer.

Domestic Violence as a Criminal Offense

In some states, “domestic violence” is defined as a separate criminal offense from otherwise identical acts committed against non-family members. As an example, the state of Virginia differentiates “assault and battery against a family or household member” from other forms of assault and battery under Code of Virginia §18.2-57.2, which states that this offense is a class 1 misdemeanor offense just like “simple assault” as defined by VA Code §18.2-57.

What makes domestic violence unique in states that treat it like this is the enhanced penalties that may come with a conviction. For example, in Virginia, anyone who assaults a family or household member after having previously been convicted two or more times of that same offense, malicious wounding or bodily injury, or strangulation will have their domestic assault charge treated as a class 6 felony.

Domestic Violence as a Designation Attached to a Criminal Charge

Other states take a much broader approach to domestic violence by treating it essentially as a modifier that can be added to various violent and non-violent criminal offenses, including actions like stalking, harassment, and disorderly conduct. Depending on the state, this designation may allow courts to impose increased minimum or maximum sanctions on individuals convicted of domestic violence compared to identical offenses not targeting a family member.

For instance, someone accused of a criminal offense deemed to be “family violence” in Connecticut would likely have their case pushed through court much faster than normal and would likely be subject to a protective order. In contrast, their ongoing case could substantially restrict their rights and personal freedoms even before they are convicted of any crime. Additionally, domestic violence allegations and convictions in virtually every state often spur investigations by government departments tasked with the protection of children, which in turn could lead to family court proceedings resulting in the restriction or loss of custody rights.

Consider Working With a Skilled Domestic Violence Attorney Today

While different states take different procedural approaches to domestic violence accusations, they are all fairly similar in how harshly they treat defendants. In situations like this, it can be especially important to seek help from legal counsel who is experienced with domestic violence cases and can help manage both the legal and personal repercussions your specific charge(s) may have.

A seasoned domestic violence lawyer can answer any questions you might have about your legal options and offer preliminary advice about the next steps during a confidential consultation. Call today to schedule yours.