Domestic violence is not exactly just one offense or even one charge. Domestic violence is a label that may apply to a myriad of charges under the right circumstances. These charges can carry serious penalties and collateral consequences, so you should call a lawyer right away.

Domestic violence encompasses crimes of violence between intimate partners (e.g., boyfriends, girlfriends, partners, spouses) and family members. The label of domestic violence may apply to a whole host of charges, such as assault, sexual abuse, stalking, and more. Defendants may have difficulty defending against these charges, as they may also be subject to a protection from abuse order that prevents them from seeing the alleged victim and possibly other family members.

Contact our domestic violence defense lawyers by calling the Liberty Law Team at (215) 709-7431 and ask for a free, private case review.

How Are Domestic Violence Charges Applied?

Domestic violence is not a singular charge but a category of offenses. A crime may be labeled as a domestic violence offense if the victim is an intimate partner or family member of the defendant. While the defendant and victim are not required to share a residence for domestic violence charges to apply, cohabitation is often a key part of these charges.

For example, if one spouse assaults the other, a man assaults his girlfriend, or a woman assaults her sister, criminal charges may be labeled as domestic violence. Crimes against children are usually not labeled as domestic violence because separate charges for child abuse apply instead.

How is Someone Arrested for Domestic Violence?

When it comes to domestic violence situations, police officers have more freedom to arrest suspects without a warrant. When a police officer responds to a call about a domestic dispute, they may make an arrest if they believe sufficient probable cause exists at the scene of the disturbance to support domestic violence charges. The police do not have to leave and come back with a warrant. Probable cause may include, but is not limited to, visible injuries, the presence of weapons, and statements made by alleged victims or witnesses.

Arguing that Domestic Violence Allegations Are False

Domestic violence cases can be tricky because victims often have a reason to be dishonest. When intimate or familial relationships sour, one person might falsely accuse the other. If that happens, we must focus on catching the dishonest person in the lie.

The Victim is Lying

The victim may be lying about what really happened, faking injuries, or embellishing details to make you look more guilty. A common sign of false accusations is a story that frequently changes. A good strategy is to have the alleged victim explain their side of the story as many times as possible. Often, lying victims begin to change certain details, and the entire story falls apart.

Witnesses Are Lying

Witnesses may also have reasons to lie. It is not unusual for someone claiming to be the victim of domestic violence to convince friends or loved ones to also lie for them. Again, we must work to catch dishonest witnesses in their lies. Our domestic violence defense attorneys should highlight inconsistencies in their stories and find evidence of any motive they have to lie.

Proving the Truth

Even if all dishonest witnesses tell the same story with minimal inconsistencies, we may still find other evidence to support the truth. For example, the alleged victim might claim that they had received multiple injuries over the years from the defendant. A doctor’s medical examination might reveal no evidence of any such injuries.

How Abuse May Affect Domestic Violence Cases in Bristol, PA

Abuse is an unfortunately common element in many domestic violence cases. Abuse between partners or family members can be highly complex, and it may affect how we approach your case.

Were You Defending Yourself?

Abusive situations can be highly volatile. In many domestic violence cases, the defendant acted in self-defense. If the alleged victim attacked you first or made credible threats to hurt you, we may argue that you were only defending yourself and should not be convicted.

Battered Spouse Defense

Abuse, especially between spouses, sometimes goes on for many years. An unfortunately common occurrence is defendants who attack their partners after putting up with many years of horrible abuse.

We can bring up the history of abuse you endured at the hands of the victim. Even if the victim did not attack you or threaten you before the incident, the history of abuse may shed light on why you believed your actions were necessary to protect yourself.

What is a Protection from Abuse Order?

A protection from abuse order, sometimes called a PFA, is a court order that requires a defendant in a domestic violence case to stay away from the victim. Some orders may also require the defendant to stay away from the victim’s family or even any children they share.

A victim may obtain a short-term PFA without the defendant’s presence or knowledge. A PFA may become permanent if the defendant is convicted.

Can You Challenge a Protection from Abuse Order in Bristol, PA?

Protection from abuse orders may keep defendants away from their families and even their own homes. As such, they can often pose a heavy burden for defendants before they even have a trial. If we believe the PFA is overly restrictive, we can challenge it and ask the court to lift it or at least amend the terms to be less burdensome.

Can You See Your Children if You Are Charged with Domestic Violence?

Protection from abuse orders may extend to children you share with the victim in your case, even if the children are not alleged to be the victim of any violence. In such cases, you may have little to no contact with your children throughout the duration of the case.

What Are Penalties Like in Domestic Violence Cases?

Penalties in domestic violence cases may be harsher than normal, depending on the specific nature of your charges. Some charges may involve upgraded penalties or harsher mandatory minimum sentencing requirements. Others might not have harsher requirements, but the presence of domestic violence may be an aggravating factor used to impose harsher sentencing.

How Domestic Violence Charges May Affect Your Gun Rights

When someone is charged with domestic violence or subjected to a protection from abuse order, they are often required to relinquish any firearms. Even if you legally purchased your firearms and have a valid gun license, you may still have to give them up. If convicted, you might lose your right to own or carry a firearm.

Call Our Domestic Violence Defense Attorneys for Help Right Away

Contact our domestic violence defense lawyers by calling the Liberty Law Team at (215) 709-7431 and ask for a free, private case review.