Domestic violence charges can have life-altering consequences. If you find yourself facing such charges, consulting experienced domestic violence attorneys right away is important. They can help you understand your legal options.

They will not only help you navigate the legal system but also protect your rights throughout the process, as the penalties and procedures can vary.

Common Types of Domestic Violence

Domestic violence is defined broadly and includes various forms of abuse beyond physical roughness, such as psychological, emotional, and mental abuse, as well as verbal threats.

Here are the most common forms of domestic violence:

  • Striking or hitting the victim
  • Slapping
  • Choking
  • Verbal threats of violence
  • Use of a deadly weapon
  • Destroying or damaging property
  • Sexual battery
  • Aggravated assault
  • Stalking
  • Kidnapping

You may be charged with domestic assault even if you did not physically harm the victim. Actions such as destroying objects or acting in a way that makes the victim fear violence can also lead to a domestic violence charge.

For example, aggravated assault involves threatening the victim with a deadly weapon, even if no physical contact occurred.

Legal Consequences of a Domestic Violence Conviction

Domestic violence convictions come with severe penalties, ranging from prison time to restrictions on future opportunities. The specific consequences depend on the nature of the offense, prior criminal history, and other factors.

The penalties can include:

Jail or Prison Time

A sentence for domestic abuse will depend on the seriousness of the offense. Offenses involving the use of a deadly weapon, threats of death or great bodily harm, and serious injuries are typically charged as felonies, resulting in more prison time.

For a first-time offense, a conviction can result in up to 15 days minimum in jail. More serious charges, such as aggravated assault or use of a deadly weapon, can lead to multiple years of imprisonment.

However, if the victim only sustained minor injuries or your case involves threats to use non-lethal force, you may be charged with a misdemeanor. The penalty for domestic violence will be increased if the victim is an elderly person or a young child.

Fines

Depending on the severity of the violence, the convictions often carry substantial fines, sometimes up to $5,000 or more. Fines and penalties increase accordingly if there is a previous record of abuse or violence.

Mandatory Counseling

Courts may require anger management or domestic violence intervention programs as part of the sentencing.

Loss of Child Custody

Convictions can have long-term impacts on family life, including loss of custody or visitation rights.

Restraining Orders

A victim may be given a temporary or permanent restraining order, further limiting the defendant’s freedom and interaction with their children or shared home. If you speak to the victim about your case and attempt to get them not to testify or to change their testimony, you can be charged with witness tampering.

Permanent Criminal Record

A domestic violence conviction stays on your criminal record permanently. This can make it more difficult to obtain a job or rent an apartment, among other things, due to background checks.

If you are in the military, you can be punished for committing domestic violence in a military court. Prior domestic violence convictions can result in a subsequent offense being charged as a felony.

Proving Domestic Violence in Court

One common misunderstanding is that a domestic violence conviction requires physical evidence, such as bruises or medical records. However, in many cases, victim testimony alone can lead to a conviction. The state only needs to prove beyond a reasonable doubt that domestic violence occurred, which may rely solely on the victim’s account.

While this may feel unfair, it is a stark reality for many individuals accused of domestic violence. To defend against domestic violence charges, it’s crucial to work with a domestic violence attorney who understands the local court system.

Get the Help You Need!

Being charged with domestic violence can result in serious consequences, including jail time, fines, and permanent marks on your record. To protect your rights, it’s important to consult a domestic violence attorney as soon as possible.

Hiring a domestic violence attorney can provide the expertise you need to build a strong defense, potentially reducing the penalties or even securing a dismissal of charges. Remember, legal representation can make all the difference in your case, ensuring that your side of the story is heard.

NCS
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