Search

Finding the Right Legal Representation for Your Company

What Happens If You End Up Charged With Domestic Violence After A Family Feud?

25 November 2014

Tracy Roberts

The holidays bring families together and, unfortunately, that can lead to some unpleasant situations between family members who don't get along. All too often, an exchange of words can turn into an exchange of blows. If things go badly enough, people can end up being arrested. If you've ended up being charged with domestic violence after a family squabble erupted, read more so that you know what to expect and what to do.

What Is Considered Domestic Violence?

Domestic violence is an assault or battery (or both, since some states combine the two charges) where physical contact actually took place, like a fight.

Additionally, the people involved must be related to each other in some way, dating, or living together, depending on the laws of your state. The difference is important, because the penalties for domestic violence are usually more severe than if the fight was considered a simple assault involving acquaintances. 

Penalties For Domestic Violence Charges

Domestic violence is generally a first-degree misdemeanor, as long as it's the first time you've been in trouble and nobody got seriously injured. If you plead guilty, or are convicted, you can be sentenced to probation, up to two years in jail, and fined.

However, there are often complications that can result in felony charges, harsher prison sentences, and larger fines. Some complications include hitting a pregnant woman, or picking something up and using it like a weapon.

Protective Orders Can Complicate Matters Even Further

In addition to the criminal charges following a fight, you might find yourself facing a temporary protective order, which requires you to stay away from the victim, any witnesses, and the residence of the victim. This can be especially frustrating if you are being told that you can't go someplace that you feel that you have a right to be.

For example, suppose for a moment that you had a fist fight with your brother at Thanksgiving, and were arrested for it. If he gets a CPO from the court ordering you to stay away from the property he lives on, and he happens to live with your mother, you may feel frustrated and angry at being barred from her door by the court.

Your Right To Carry A Firearm Can Be Affected

If you are convicted of, or plead guilty to, a misdemeanor domestic violence charge you are no longer legally allowed to own a gun, even if you are a police officer or military person. This is due to the Lautenberg Amendment of the Federal Gun Control Act of 1968.

Losing your right to own a gun is a significant penalty for anyone to have to bear, but if you are in the armed forces or are a police officer, your career is effectively over. 

What Should You Do If You Are Arrested For Domestic Violence?

If you're involved in a family squabble that turned into a full-blown fight, and you're arrested:

• do not make any statement to the police other than your name, date of birth, address, and Social Security Number
• do not acknowledge a family relationship with anybody in the fight unless they are close blood relatives
• insist that the victim be photographed at the time of the report to prove that there are no visible injuries 
• respond to questions from the police politely but firmly, saying, "I want to speak to my attorney before answering that" 
• call an attorney promptly and discuss your situation before doing anything else

What Can Your Attorney Do For You?

Your attorney is going to start by trying to get the charges against you dismissed. If there is little evidence to support the charges except for what you and the other party say, your attorney may be able to convince the prosecutor to drop all charges.

Your attorney might also try to disprove the other person's version of events, especially if things didn't happen the way that the other person alleges. For example, it's possible that you were the person on the receiving end of the violence, and you just happened to get the upper hand when defending yourself. In a situation like that, you shouldn't have to suffer the penalty of a domestic violence conviction.

At the very least, your attorney will try to get your charges reduced, so that you are facing less severe consequences. In doing so, he or she may also ask the court to defer adjudication. If the court agrees to do that, you will usually have to agree to a term of probation, community service, and maybe counseling. But, once you do all of those things, the court will allow the case to be closed without every formally convicting you of the charges.

Keep in mind that deferred adjudication isn't the right solution for every case, so listening to your attorney's advice is going to be important.

Sometimes people lose their tempers and a one minute lapse in self-control can wreck havoc later in their lives. Hopefully, you won't ever be in a situation where your holiday gathering erupts into a family brawl. If you are, contact an attorney, like Andrew H. P. Norton, who handles domestic disputes and criminal defense cases and get his or her advice.

Share