Domestic Violence

Defining Domestic Violence—and How the Laws May Affect You in an Altercation

By March 15, 2019 No Comments

Being arrested can be a difficult experience, along with defining domestic violence in the face of an altercation which may have escalated and become not only out of control, but confusing too. While you may have lost your temper and have been the perpetrator of violence (on a partner, ex-partner, or other family member, or someone who lives with you, including a child), domestic violence arrests can be caused due to a number of different scenarios—and in some cases, individuals are extremely surprised to find themselves in jail or in court defending themselves regarding a domestic case. If you are convicted of a misdemeanor or felony, you could run the risk of losing custody of your children, be deported, lose your right to bear arms, and even end up doing jail time, along with attending an intervention program. There is the possibility of having to pay fines as well as restitution to the other party. The charges could end up on your permanent record—and sometimes restraining orders are put into effect as well.

The penalties for a domestic violence conviction can be harsh, so you need the best legal defense possible. Domestic violence incidents tend to be prosecuted vigorously, and due to suspicion of fear on the part of the alleged victim, charges often are not dropped even when the victim requests such action—and even when they do not show up in court as summoned.

You may have an extremely valid defense; for instance, any injury to another party may have been an accident on your part, or there may have been extenuating circumstances. In some cases, strange as it sounds, the victim may have been injured by someone or something else or may have inflicted harm on themselves so another party would be arrested. Acting out of self-defense is a common issue as well, still leading to an arrest and a difficult predicament. False accusations may be the reason for an arrest also and should be brought to light as soon as possible by your attorney.

Sexism can play a part in some cases, with men being arrested and taken to jail even when their wives or girlfriends had inflicted injury on them; however, women go to jail for domestic battery far more than most people realize. Domestic violence laws apply to gay or lesbian same sex-couples too, with all the same issues and seriousness in consequences.

If you or someone you know has been arrested for assault or domestic violence, criminal defense attorney John Patrick Dolan can help. As a criminal law specialist and a domestic violence attorney, John Patrick Dolan has the experience that counts in court. Call us at (760) 775-3739 or contact us online as soon as possible. We guarantee our efforts to fight for the best possible outcome in your domestic violence case.