Whether you’ve been accused of domestic violence or you’re the victim, it’s essential that you get the best legal representation you can. A reputable Spring Hill domestic violence lawyer can help you navigate the process and make sure that you don’t end up with a criminal record.
The most common domestic violence offenses are assault and battery, both of which can be serious crimes that can carry jail time and fines. In addition, these offenses can also affect your ability to obtain employment.
A felony is a charge that can carry a sentence of up to five years in prison, while a misdemeanor is a charge that is punishable by up to one year in jail and a $1,000 fine. The severity of the charges depends on the nature of the incident and the defendant’s prior criminal history.
There are a number of defenses that can be used to defend against domestic violence charges, including self-defense and justification for non-deadly force. Your domestic violence attorney will be able to assess your case and determine which of these defenses is most likely to work for you.
Intentional False Accusation
Sometimes, people are wrongfully accused of committing an act of violence for reasons unrelated to actual violence. This is most often seen in divorce cases where a spouse falsely claims there was abuse in order to gain custody, more money or some other benefit.
The best way to fight these false accusations is by finding inconsistencies in the opponent’s story and by presenting evidence such as an alibi, witness testimony or time-stamped photos and video footage.
Restraining Orders
If you’re a victim of domestic violence, it’s essential to seek an order of protection from the court as quickly as possible. This will prevent the abusive person from contacting you or coming near your home.
It can also help protect you from any future criminal charges. A judge may issue an order of protection that prevents the offender from coming within a certain distance of your home.
You can also request that a family court modify a current custody or visitation agreement to better align with your best interests and that of your children. This will help you maintain a close relationship with your children and ensure that they’re safe from your abusive partner.
If you’ve been charged with domestic violence, it is vital to secure an order of protection from the court as soon as possible. This will protect you from the abuser and give you some measure of protection while you and your lawyer explore more permanent solutions.
When you are facing charges for a domestic violence offense, it’s important to hire an experienced, aggressive and knowledgeable domestic violence lawyer to help you navigate the legal process. At D’Emilia Law, we have defended numerous clients who were arrested or charged with domestic violence and other crimes throughout the state of New York. We can also provide you with the information and resources that you need to fight for your rights in this difficult and stressful situation.