Domestic violence charges can have a significant impact on your life in more ways than one. Not only might the criminal penalties for a conviction be severe, but you might be labeled as an “abuser” within your community, leading to shame, humiliation, and social ostracization. Your attorney can go over your case and determine what defense strategies might be helpful.

Domestic violence charges may be assessed against someone if they are suspected of committing an act of violence against family or household members. How we fight the charges depends on the facts. For example, if there is insufficient evidence to convict, we can highlight the lack of evidence against you. If the alleged victim is lying about the abuse, we can come up with evidence to expose the lie. Your attorney can help you determine which methods will help you the most.

Get a free, private case assessment by calling our Philadelphia domestic violence defense lawyers at The Liberty Law Team at (215) 826-3314.

When Domestic Violence Charges Might Apply in Pennsylvania

You have probably heard the term “domestic violence” repeated on the news, in newspapers, or even on TV and in movies. While most people are familiar with the concept of domestic violence, many do not realize that it is not an individual crime. Instead, domestic violence is sort of like how criminal offenses are labeled when they involve certain kinds of people.

What is Domestic Violence?

According to 23 Pa.C.S. § 6102(a), domestic violence typically involves household members, including spouses, non-married partners, children, and other family members. On top of that, the victim of domestic violence does not have to be someone you are currently romantically involved with. Former spouses and partners, or even people you are not in a relationship with but share children with, may be included. If certain violent crimes are committed against these household members, you could be facing domestic violence charges.

Grading of Offenses

Again, domestic violence is not a criminal offense in and of itself. However, when crimes are labeled as acts of domestic violence, the charges may become more severe. The grading of the offense might increase, or potential penalties might become harsher.

Additional Consequences

There are also other implications. People convicted of domestic violence offenses often have to surrender all their firearms, as they can no longer legally own or carry them. Talk to our Northeast Philadelphia criminal defense attorney about how to protect your rights going forward.

How to Fight Domestic Violence Charges in Pennsylvania

Fighting charges of domestic violence is incredibly important but also very challenging. First, being accused of domestic violence can sully a person’s name in their community. People accused of such behavior often face intense backlash from friends and other family members. Additionally, juries are often more inclined to convict when domestic violence is involved because of the heinous nature of the charges. As such, you must discuss effective defense strategies with your lawyer.

Insufficient Evidence

The prosecutor handling your case must prove the charges beyond a reasonable doubt. This is a very high burden of proof. Even minor holes in evidence might be enough to prevent a jury from convicting. One important issue to discuss with your lawyer is whether the prosecutor has enough evidence to meet this burden of proof.

You would be surprised to learn how many cases are thrown out because prosecutors moved forward without enough evidence. We might be able to file a pretrial motion to dismiss the case for lack of evidence, meaning your case ends before it gets a chance to begin. Even if the court does not grant such a motion, we might have a good chance of convincing the jury that there is simply insufficient evidence to convict you. Remember, evidence is everything in a criminal trial.

Someone is Lying

Domestic violence cases are known for being turbulent and volatile. The people involved are often romantically entangled, share kids, and live together. It is not unheard of for one person to accuse the other of domestic violence as the relationship sours. This might be a way of getting back at you for some argument or disagreement. It might instead be a ploy for something more.

Are you going through a divorce or a child custody battle? Sometimes, former partners or spouses lie about domestic violence in the hopes of getting more assets out of a divorce or to get full custody of children.

All evidence, including testimony from the alleged victim, must be heavily scrutinized. This is how courts operate. It is often difficult for supposed victims and witnesses to maintain the lie on the stand. Lies often fall apart before the case even reaches a courtroom. If you are certain someone is lying, we can determine how to expose the dishonesty and get to the truth.

Your Relationship with the Victim

We should also examine your relationship with the alleged victim. Remember, domestic violence involves people who are household members, are romantically connected, share children, or have some other close or familial relationship. If this relationship is not present, you should not be charged with domestic violence.

For example, perhaps the victim is not a current or former partner but an acquaintance you know through mutual friends. If they are acquaintances and nothing more, domestic violence should not be a factor in your case, no matter what allegedly happened between the two of you.

How to Prepare Your Defense to Domestic Violence Charges in Pennsylvania

A major part of preparing your case is understanding the rules and restrictions you must follow. Domestic violence defendants often face significant restrictions in the interest of victim safety. Violating these restrictions will lead to further legal penalties.

Call a Lawyer

Your very first step in preparing a defense is to call a lawyer. Your attorney can help protect you from law enforcement, who might try to pump you for more information they can use against you. Your attorney can also guide you through the criminal justice process, advise you of your rights as a defendant, and work to make sure you are afforded the best defense possible.

Abide by Court Orders

A lawyer is especially necessary in domestic violence cases because there are various court orders and requirements to abide by before a defendant is even tried or convicted.

You might be dealing with protection orders that prevent you from contacting the alleged victim. The charges also might interfere with your ability to see the children you share with this person. It is crucial that you obey these orders and avoid contacting these people, even if it is difficult.

Not only that, but you might also have to surrender firearms if you have any. If you do not have a lawyer, it might be difficult to comply with all these orders and rules, and you might inadvertently land in more trouble.

FAQs About Fighting Domestic Violence Charges in Pennsylvania

How is Someone Charged with Domestic Violence?

Domestic violence is not a single criminal charge, but a label applied to other charges. It is often applied when a defendant is accused of committing a crime or act of violence against a romantic partner, spouse, child, or household member. If the alleged victim does not fit this description, you should not be charged with domestic violence.

What Do I Do if I am Falsely Accused of Domestic Violence?

False accusations are somewhat common in domestic violence cases. Spouses or partners sometimes make false accusations to retaliate in personal disputes. If the person who accused you is lying, tell your lawyer. They may be able to build your defense by proving that the accusations are false.

How Can I Fight My Domestic Violence Charges?

You may fight your charges by proving that the accusations against you are false, or that the alleged victim was not a partner, family member, or household member. Still, we might instead focus on the prosecutor’s lack of evidence and their inability to meet their burden of proof. Your lawyer should help you determine the best defense strategy for your case.

Can I Be Charged with Domestic Violence if I Do Not Live with the Alleged Victim?

Possibly. While living with someone makes domestic violence charges possible, it is not always a requirement. A person may be charged with domestic violence if the alleged victim is a romantic partner, even if they live separately from the defendant. Go over the facts of your situation with your lawyer to determine if you can or cannot be charged with domestic violence.

Are Restraining Orders Part of Domestic Violence Cases?

Restraining or Protection orders are often part of domestic violence cases. A defendant may be bound by a temporary protection order before they are even put on trial. If they are convicted, the victim may request that a permanent or long-term order be imposed.

Can I Visit My Children While My Domestic Violence Case is Pending?

Maybe. If you share children with the alleged victim, you could be restricted from seeing your children under the terms of a protection order. Some may be able to see their kids under some form of supervision. Your attorney can help you challenge these restrictions so you can hopefully see your kids, but this is not guaranteed.

Can I Get Bail if I am Charged with Domestic Violence?

Yes. While bail is not guaranteed, all criminal defendants have a right to a bail hearing. Domestic violence may make getting bail more difficult, especially if the judge does not believe the defendant is capable of staying away from the alleged victim. Even so, many domestic violence defendants are released on bail.

Contact Our Pennsylvania Domestic Violence Defense Attorneys

Get a free, private case assessment by calling our Philadelphia criminal defense lawyers at The Liberty Law Team at (215) 826-3314.