Domestic violence is a category of charges involving crimes committed against family or household members, often spouses or romantic partners. Such charges may carry serious legal penalties and enormous social stigma, and you should call a lawyer immediately if you are facing them.

The police may arrest you for domestic violence without a warrant. The law allows for “probable cause arrests” in domestic violence situations, which means you may be taken into custody based on what the police observe at the scene. If you are arrested, stay calm, avoid answering questions about the alleged incident, and demand to call a lawyer as soon as possible. While being charged with domestic violence can be intimidating and humiliating, you have a right to defend yourself, and our legal team will help.

Call the Liberty Law Team at (215) 826-3314 to request a free, confidential legal review from our domestic violence defense lawyers.

What Happens When Someone is Arrested for Domestic Violence?

Whatever happens during your arrest, talk to your attorney about it as soon as possible.

Warrantless Arrests

Under Pennsylvania law, police officers are permitted to execute a warrantless arrest in domestic violence situations. These arrests are also called probable cause arrests, as they may be based upon the probable cause observed by police officers when they arrive at the scene of a reported domestic violence incident.

Inform your lawyer if you were arrested this way. The arrest and any evidence obtained pursuant to it may be unlawful if the police clearly did not have sufficient probable cause to take you into custody.

Booking and Questioning

The police will take you to the police station for booking and questioning. The booking process is routine and involves taking your picture, fingerprints, and basic details the police will use to identify you.

If the police want to question you about the alleged domestic violence incident, you can and should remain silent. You are not obligated to answer these questions, and your silence may not be used against you. You should also invoke your right to have a lawyer with you if you choose to answer questions.

Protection from Abuse Orders

The police may inform the supposed victim that they can get a protection order from the courts. A protection order may greatly limit your ability to visit or contact the alleged victim, even if they are a spouse, partner, or family member who lived with you. Such orders may also affect your ability to visit children you share with the alleged victim.

A temporary protection order may be obtained quickly, and a judge may grant one without your presence or knowledge. For the order to become permanent, a hearing must be held where you can challenge the order.

How Can You Challenge Criminal Charges for Domestic Violence in Media, PA?

Facing domestic violence charges can feel overwhelming, but you have every right to defend yourself in a court of law, and our legal team is here to help you.

Self-Defense Arguments

Self-defense is common in domestic violence cases. You may claim that you acted in defense of yourself or in defense of others in the home. Self-defense is an affirmative defense, and if successful, you may negate criminal liability for your actions.

Also, once our domestic violence defense lawyers raise the issue of self-defense, the prosecutor now has the burden of proving that you did not act in self-defense, which may be difficult, depending on the evidence.

The Victim is Not Telling the Truth

Dishonest victims and witnesses are unfortunately more common than many people realize. You may have had a disagreement with the alleged victim, and they lied to the police about domestic violence as a way of getting back at you.

We can help you bring the truth to light by interviewing witnesses who may provide testimony that conflicts with the claims of domestic violence.

Lack of Evidence

Prosecutors must show that there is sufficient evidence to warrant criminal charges. This begs the question, where is the evidence? Is there any proof beyond the word of the alleged victim?

If evidence is flimsy at best, prosecutors may be unable to meet their burden of proof. At that point, we can file a pretrial motion to dismiss the case for a lack of evidence. Even if our motion is denied, we have a strong chance of success with a jury if the evidence is truly weak or baseless.

What Evidence Can You Use to Defend Yourself in a Domestic Violence Case?

While we do not have a burden of proof, we should still investigate for evidence we can use to clear your name.

Home Security Videos

If the alleged incident and arrest occurred at your home, we may want to investigate your home security cameras. Many people have private cameras in their homes or on their front door, and yours may have recorded the entire incident, clearly showing that no domestic violence took place. This kind of evidence can be incredibly strong and difficult to refute.

Witness Testimony

Witnesses are often key to domestic violence defense strategies. In many cases, the word of the victims is the primary evidence, and testimony from credible witnesses that undermines the victim’s story may be very powerful. We should talk to neighbors, friends, family members, and anyone who may live in the home with you and the victim.

Medical Records

Does the alleged victim have any injuries? If so, do these injuries line up with their claims of domestic violence? Do you have injuries? If so, medical records about these injuries might support claims of self-defense.

FAQs About Fighting Domestic Violence Charges in Media, PA

When Can Someone Be Arrested for Domestic Violence in Media, PA?

A person may be arrested for domestic violence at the scene of the alleged incident based on probable cause observed by the police. Under Pennsylvania law, the police may execute warrantless arrests in these situations if they believe sufficient probable cause exists.

What Are Possible Defenses in Domestic Violence Cases?

Feasible defense strategies will vary from case to case, but common strategies worth considering may include claiming self-defense, claiming that the victim is lying about what happened, or highlighting the prosecution’s overall lack of evidence.

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

If you share children with the alleged victim, a protection order may be imposed that prevents you from contacting them. It may be possible to challenge such orders if they are overly burdensome, and you should ask your attorney for help.

What Kind of Evidence Can You Use to Fight Domestic Violence Charges?

Evidence to fight domestic violence charges may include…

• Security camera footage of the alleged incident
• Text messages between you and the alleged victim
• Witnesses
• Medical records regarding injuries from supposed domestic violence

Contact Our Domestic Violence Defense Lawyers in Media, PA for Legal Help Right Away

Call the Liberty Law Team at (215) 826-3314 to request a free, confidential legal review from our domestic violence defense lawyers.