Domestic violence can occur in a close, personal relationship such as marriages, domestic partnerships, romantic relationships, immediate family members, or with children. Violence in these close relationships can be considered a civil and criminal offense. The police will take these types of relationships into account when they arrive on the scene. When a victim calls the police and they arrive, an arrest will be made. It will be up to the prosecutor to file charges.
Domestic violence lawyers can help a victim who has suffered abuse. They can help them file the necessary paperwork with the courts to protect them or their children from any further fear or harm. A violation of a protection order can result in an arrest. The law defines domestic abuse as knowingly, intentionally, or recklessly causing bodily injury of any kind. It can involve causing fear of bodily injury to a victim. If someone’s found guilty, they could be required to take anger management courses. They could also be incarcerated or charged with a felony charge. A first-time offender is usually given a lighter sentence.
When a relationship ends and emotions are running high, domestic violence is more likely to occur. Some individuals will falsely accuse a spouse of domestic violence to gain an advantage of a situation. There are defenses to domestic violence charges that can be discussed with an experienced attorney. A civil protection from abuse order can be issued through emergency proceedings and is usually good for one week. The accused abuser can present their defense in a full hearing with a judge at that time. It’s important that an individual hires legal representation for this hearing because it could limit their contact with their children and prevent them from owning or possessing a gun.
When someone’s been served with this type of order, they should immediately contact domestic violence lawyers. If you find yourself as a victim or a defendant in a domestic violence case, you need to contact an attorney immediately. The law offices of Melissa R. Montgomery offer outstanding representation to clients involved in this type of legal situation.
