What to Know About Domestic Violence Cases
Domestic violence cases are very serious matters and, as such, they need to be handled delicately. It can be frustrating to be falsely accused of domestic abuse, and you might wonder what your options are. When you understand more about domestic violence cases, you can have a better idea of what to expect in your situation.
What Classifies As Domestic Violence?
The first thing you need to know is what exactly classifies a domestic violence case or domestic violence in general. In this type of case, a major factor is the relationship between the two parties involved. Someone is a victim of domestic violence if they are a spouse/former spouse, cohabitant/former cohabitant, or engaged, previously engaged, or dating. It is domestic violence is the victim is intentionally or recklessly harmed, sexually assaulted, or feels that their life is threatened.
What Are the Consequences?
If you are found guilty of domestic violence, the main priority of the legal system is to provide protection for the victim and anyone else who is threatened or endangered, such as any children involved. A guilty charge often accompanies a restraining order which will typically last up to three years. You may also lose custody of children. Other consequences include a minimum of 30 days in jail. Probation may last three years. You are also subject to fines that can reach $2000. This charge will also be on your permanent record and will have lasting consequences on your life moving forward.
In this type of case, it’s best to seek legal counsel. Your attorney can help you build your case and give you a more favorable outcome. Initially, they will seek to understand the situation and see what evidence is present. Their first approach may be to find evidence that you weren’t at the scene when the alleged abuse happened or evidence that your accuser is lying. Another common defense used is that your actions were in self-defense or brought on by the behavior of the accuser. There are also instances where the injuries brought forward are too minuscule to warrant a charge or trial. Talk with your attorney to determine the best path for you.
If you’ve been falsely accused, you may be worried about your future and how it will be affected. But don’t lose hope. Working with an attorney is your best option. He or she will guide you as you navigate your tough situation.
Do you need help with your domestic violence case? Click here to get in touch with an experienced criminal defense attorney!
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.