Domestic violence is not a single criminal charge or even several. It is more like a category of criminal charges, and they can be complicated and difficult to deal with. These charges often apply to crimes committed against someone you live with who is a family member or someone with whom you are in a personal, often romantic, relationship. These charges may have lasting consequences, and you should hire a lawyer immediately.
Domestic violence charges may apply to alleged crimes committed under very specific conditions. Perhaps most commonly, they apply when one spouse or romantic partner (e.g., boyfriend, girlfriend, partner) commits a violent act against the other. Common examples include assault or battery, sexual crimes, and even murder. The penalties may vary based on the nature of the underlying charge. You need a carefully crafted defense strategy based on solid evidence to help you fight the charges, and you should hire an attorney to help you now.
Get a free case review from our domestic violence defense attorneys with the Liberty Law Team by calling (215) 826-3314.
How Domestic Violence Charges May Apply
Domestic violence is a label that may apply to a wide range of crimes committed under certain circumstances. Again, domestic violence itself is not a criminal charge. It is a specific label that applies to criminal charges and may affect charging and sentencing.
Many cases of domestic violence involve spouses or romantic partners. Spousal or partner abuse is unfortunately more common than many people think. However, many spouses or partners might claim that they were abused to retaliate against their partner for an argument or disagreement. Whatever the case might be, the police may quickly swoop in and arrest you.
The alleged victim does not always have to be a partner or spouse for domestic violence to be charged. They could also be someone you live with, such as family members or other household members.
Common Examples of Domestic Violence Charges
While domestic violence may be applied to a broad range of alleged offenses, the following are some of the more common examples of domestic violence.
Many domestic violence cases involve some form of assault. In Pennsylvania, assault encompasses the threat of harm and actual physical harm, which may be called battery in other states. If the victim accuses you of threatening to harm them or actually physically injuring them, you might face domestic violence charges.
While often not a violent offense, stalking may be labeled as a form of domestic violence or abuse. Stalking involves repeatedly following someone without consent or proper authority under circumstances demonstrating an intent to place the victim in fear of bodily injury or emotional distress. Stalking sometimes occurs between ex-partners when one is distressed over the break-up.
Many other defendants face serious domestic violence charges for sexual assault. Even if the defendant and victim are married, these charges may apply.
Possible Penalties and Consequences of Domestic Violence Charges
It may be difficult to determine your specific penalties without knowing exactly what you are charged with. For example, domestic violence charges for assault may be very different than those for stalking, and the penalties will likely differ.
Generally, you should expect to face prison time, fines, and other criminal penalties. Prosecutors do not tend to show much leniency in domestic violence cases, and it might be very hard to try to negotiate some kind of plea agreement.
You might also face protection orders against you that prevent you from seeing loved ones. Protection orders are meant to keep abusers away from their victims, but they may be put in place long before a defendant is given a trial. While this may seem unfair, it is one of the many ways the justice system tends to prioritize victims’ rights over those of defendants.
On top of it all, you might face significant damage to your reputation. Even if our domestic violence defense attorneys can successfully challenge your charges, your personal reputation might never recover.
Defenses to Charges Related to Domestic Violence in Upper Darby
There may be multiple ways in which to fight charges of domestic violence. The best defense will depend on your specific circumstances.
Unfortunately, many cases of domestic violence are not based on truth. It is more common than people think for victims to lie about being a victim of violence or abuse from a partner or household member. If we can prove that the victim is lying or at least undermine their credibility, we may be able to challenge the charges.
Domestic violence cases tend to be very complicated. It is common for both partners to have engaged in some act of violence against the other. In many cases, defendants acted in self-defense and caused the alleged victim because the victim attacked them first.
Evidence We Can Use to Support Your Defense Against Domestic Violence
Any good defense requires strong evidence to back you up.
Since defendants and victims in domestic violence cases tend to have close relations, there may be various communications from the past between them. As such, we should review your texts, emails, letters, social media posts, and phone calls between you and the alleged victim. Often, these communications create a highly detailed picture of the relationship between the defendant and the alleged victim, shedding light on the truth.
Witness testimony may also be important. Witnesses might have been present when the victim claims the abuse happened, and they might testify that the abuse did not happen or did not happen the way the victim claims.
When to Hire a Domestic Violence Defense Lawyer
It is best to hire a qualified attorney for domestic violence charges as soon as possible. If you are arrested, the police should give you the opportunity to call a lawyer. Make sure you call a lawyer before you answer questions from the police about the alleged offense. Defendants sometimes believe they can just explain the situation to the police, but this is not a good idea unless you have a lawyer present.
Contact Our Upper Darby Domestic Violence Defense Attorneys for Help Now
Get a free case review from our domestic violence defense attorneys with the Liberty Law Team by calling (215) 826-3314.