Dealing with a charge of domestic violence

by | Feb 16, 2017 | Attorney

There is far more to domestic violence than inflicting bodily harm on a spouse, the charge can also stem from stalking, abandonment, property damage or voicing out a threat. A conviction of a charge of domestic violence carries with it serious consequences including jail time, fines, court costs and more. It is not only your liberty that I at stake, you also will be known as a “wife beater,” a term that can exclude your socially and have an impact on potential employment.

If you are charged with domestic violence it is extremely important for you to hire a skilled domestic violence attorney in Salinas, a lawyer that can develop a strategy that can see dismissal of the case.

A police report can be misleading:

It is not unusual for someone accused of domestic violence to be a victim, the accused may have acted in self-defense or was subjected to abuse to the point where he or she responded violently. Police reports are often based on superficial accounts. From an officers point of view it can be as simple as who called the emergency 911 number or who appeared more distraught upon arrival. Prosecutors are known for being hard on anyone accused of domestic violence, having the best lawyer can mean the difference between being sent to jail or having the charge dismissed.

Available defenses:

Unless you actually intended to cause harm to your spouse or domestic partner you cannot be charged with domestic violence. Often an argument can result in pushing and shoving, this does not constitute domestic violence.

The same is true with self defense. In many cases the accused had to resort to physical force to protect them from harm. A common tactic used by the prosecution is that more force was used than was necessary; a seasoned domestic violence lawyer in Salinas can cast significant doubt on this assertion.

An experienced domestic violence lawyer in Salinas knows how to mount an effective defense and can help in assuring that the accused gets the best possible outcome.

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