Understanding The Role Of A Domestic Violence Defense Lawyer

When people are falsely accused of domestic violence it can damage their reputation, prevent them from seeing their children, and keep them from working. A criminal attorney who has experience in domestic violence cases can investigate and build a strong defense.

A lawyer may want to speak to the alleged victim to try to find inconsistencies or holes in their story. They may also examine medical reports for signs of injury.

Proving Innocence or Guilt

A domestic violence case is not a simple matter. Because of this, you need a criminal lawyer who understands the intricacies of these cases and can use their experience to formulate an effective defense strategy.

A qualified criminal defense attorney will know the protocol police must follow when responding to domestic calls, as well as the techniques that prosecutors must employ in pursuit of a conviction. They will also have the ability to identify and collect any exculpatory evidence that may help your case.

Allegations of domestic violence are taken seriously by judges, prosecutors, and society. They require a higher burden of proof than other crimes, and it is important that your defense lawyer is able to provide context to the case and protect you against prosecutorial overreach. Moreover, they will act as your advocate and liaison with family court while the case is pending, which can be a very stressful time for all parties involved.

Court Procedures

Domestic violence cases tend to be treated much more seriously than other criminal charges. As a result, prosecutors may be less willing to offer a plea bargain. A skilled domestic violence defense lawyer can take advantage of this and work to get your charges reduced or dismissed.

A domestic violence case can also affect other family law issues such as a protection order or divorce proceedings. In addition, a conviction could have a negative impact on your job or ability to continue working in the profession you have chosen.

As former prosecutors, Jeff Greco and Dustan Neyland know how to investigate the evidence in these cases and fight for your rights. They can also help you file a civil lawsuit against your abuser to recover money for damages like lost wages and medical expenses. Victims of domestic violence often incur these costs and need to be compensated. A civil suit can be filed in addition to criminal charges, or even instead of them.

Child Custody

A domestic violence defense lawyer may also be involved in child custody cases. This is a major area of impact because child custody can change everything for victims, including their access to resources like spousal support and child support payments.

Judges will take domestic violence into account when deciding child custody arrangements, especially if it’s been proven. They will consider how the abuse is likely to affect a parent’s ability to be a good parent, whether the victim has been physically abused or subjected to emotional and psychological abuse.

A domestic violence defense attorney can help the victim obtain a protective order against their spouse, helping to ensure that they can stay safe and free from the threat of violence or false allegations. They should also make sure that all evidence of abuse is presented to the judge, such as photographs, witness testimony, and statements made to 911 operators during an incident. If the judge doesn’t hear this evidence, it will be difficult to prove innocence or guilt in court.

Divorce

Domestic violence is a serious offense that warrants serious consideration by both family and criminal courts. However, there are times that false accusations of domestic violence are made in households where couples are in the midst of divorce or a custody dispute. These cases often involve a “he said/she said” scenario and, as a result, the accused spouse can suffer severe legal consequences. A skilled family law attorney can work to contextualize the alleged incident into an existing or anticipated family case so that the accused can avoid criminal penalties.

The alleged victim of domestic violence can request temporary protective orders to prevent contact with the defendant. These can also include injunctions against firearm possession. A defense lawyer can work to collect evidence in the case, such as threatening emails or text messages, and present these to the court for use in a custody or visitation proceeding. Depending on the facts of a case, a domestic violence conviction can have an impact on child custody, property division, and alimony settlements.