How To Makes A Defense For A Domestic Violence Charge
If you were wrongfully accused of domestic violence (DV), then you should not minimize the severity of these accusations. You should start by hiring an experienced lawyer. A domestic assault charge can have severe legal consequences. These consequences include a felony on your record, fines and legal fees, possibility of eviction and jail time. Read on to find out how to make a defense against a domestic violence charge.
Did You Commit The Crime?
A DV complaint must meet one of the following acts. These acts include stalking, assault, homicide, harassment, trespassing, false imprisonment, terroristic threats, sexual assault and burglary. If your charge does not fit in one of these categories, then the judge may dismiss your case. For example, if you called your spouse a bad name, then this is probably not DV. On the other hand, slapping your spouse may can you get a DV charge.
Is The Person Protected Under The PDVA?
PDVA stands for Prevention of Domestic Violence Act. This act states that the plaintiff and defendant in a DV case most fall in one of the following categories. You must be a current or former spouse, stay in the same household, have a child together or be dating. Your lawyer can help with reviewing the facts of the case. He or she can determine if your case falls in one of these categories.
DV cases often occur in the comfort of your home. There are not always people around, unless someone else lives in the household. The three types of witnesses in DV cases include bystanders, the police officers and the victims.
If someone was present when the event occurred, then you want to ask the person to testify on your behalf. In the case a witness was not present; you can ask the person to testify about other acts of violence about your spouse.
Pay Your Bond Immediately
You will need to pay a bond to get out of jail. It is important to pay the bond as soon as possible. You want to get out so you can start talking to your lawyer about your case. The judge will tell you everything you can do and not do while on bail. It is important to pay attention to these instructions.
When tempers rise, it is easy for things to get out of control. You have to own up to your mistakes and try to make things right. However, it does not mean you are not deserving of a good defense.