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Domestic Violence Defense - Your Options

By Edited Apr 5, 2016 0 0

You've been slapped with domestic violence charges and are looking for domestic violence defense advice? We will try to give you you an idea of how the procedure works and present your options when it comes to domestic violence defense. Before we begin we sincerely hope you are wrongly accused, we in no way condone domestic violence. By the way the information presented here shall not be construed as legal advice and you should consult with a law professional in all matters pertaining to the law. If you are facing domestic violence charges let us say outright that odds are in a way stacked against you from the outset. The concept of innocent until proven guilty doesn't really apply here, this is because the alleged victim of domestic abuse has to be protected as soon as charges are filed. This means that if you live with your partner you will have to move out and if you have kids you probably won't be able to see them. Let's have a look at the domestic violence defense procedure.

The first court hearing you will have to attend is arraignment. During arraignment the criminal charge against will be presented and you will be given the choice of pleading either guilty or not guilty. Even if you are indeed guilty, do not plead so, unless you want to take a moral stance. Many people think the judge will be lenient if they plead guilty from the outset. This is not the case. Actually often times the opposite happens and the sentence will be heavier than if you pleaded not guilty at first and moved on the the next round of the procedure. Your domestic violence defense attorney will be able to give your more details about the fine points.

It is highly likely the judge will order you to not have any contact with the alleged victim so if you are living together you will have to move out and it is possible that you won't be able to see your kids. Under no circumstance should you break the non contact order from the judge. This mean absolutely no contact, be it physical, phone calls, e-mails, nothing even if the victim wants to see you. You can be prosecuted if you break the order. Always consult with your domestic violence defense attorney before doing anything that might compromise yourself in the eyes of the law.

You have two choices regarding domestic violence defense. Either pay for a private domestic violence defense attorney or get a public lawyer to defend your case. If you have the means to do so it may be worth it to go with a private lawyer. It's not that appointed public lawyers are bad but rather that they often have multiple cases on the go and so cannot afford to spend too much time on your case.
Next up is trial. However that cases are often negotiated right before trial. If you can avoid to go to trial it's often better. Here again consult with your attorney for more details. If you do go to trial know that the two main defenses you can use are self defense and burden of proof (burden of proof is the more common defense, basically it means that the prosecutor has to prove his accusations). And that in a nutshell are your choices when it comes to domestic violence defense.


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