In recent years, women have continued to fight for their right to be treated as an equal member of society. This goes not only for their pay scale or “glass ceiling”, but it also goes for women being treated as equals in society. We have come to see many women stand up to the abusers of their past, no matter how big of an influence they are in an industry.
At John Lyke Law, we support this movement, but we are also aware of the fact that some men, are wrongly accused of a crime. While keeping women’s rights in mind, we represent these men. The accusation of domestic violence is serious. We see first hand how it can affect the careers of those who are accused of allegedly committing this crime.
If you have been accused of allegedly acting with malice towards your partner, whether verbal or physical, you are going to need a criminal defense attorney sooner rather than later. John Lyke Law has is experienced in high profile cases. We have represented both high-end clients and the normal guys, like you and us. We will expend all of our resources in an effort to clear your name of this heinous accusation.
What is Domestic Violence?
Contrary to popular belief, domestic violence is not limited to an altercation between a husband and wife. Any act of malice, whether verbal or physical, towards another individual you live with, can be classified as domestic violence. In addition to an act of malice to another individual, domestic violence can be committed on a third party or property. One example of this is an altercation between one individual and his/her in-laws. Another example is if one individual defaces the other’s property, like breaking the windshield of their car in frustration.
What Crimes are Considered Domestic Violence?
In the court of law, domestic violence is used as an umbrella. In other words, there are a number of specific crimes that can be classified as domestic violence. Those crimes include:
- Assault, Aggravated Assault, Sexual Assault
- Crimes against children, child abuse, vulnerable adult abuse
- Disorderly conduct
- Harassment, stalking, trespassing, threatening
- Interference with judicial proceedings
Will a Restraining Order be put into Effect?
A restraining order is a document that is designed to protect an individual that is in a threatening situation. The document will include outline the restrictions of the party that it goes against. Depending on the state you live in, a restraining order may be put in place by the court. If the court does not put a restraining order in place, the prosecuting attorneys may file a motion for one to be put in place. in the event of a domestic violence case, the accused may be forced to leave the home, surrender firearms, or refrain from various other acts. If the restraining order is violated b the accused, they may face further criminal charges. If the court feels that there is a permanent threat of violence on the prosecutor’s life, they may rule to have the restraining order be made permanent.
Domestic Violence Penalties
Depending on the state and the severity of the crime, the penalties for domestic violence will vary, Regardless of the extent of the penalty, domestic violence is considered a criminal offense. Generally, domestic violence is tried as a misdemeanor or a felony. A misdemeanor carries much less of a penalty than a felony conviction. If you are convicted of a misdemeanor or felony domestic violence charges, the crime is punishable by:
- Prison sentence
- Court fees
- Restraining order
- Mandatory domestic violence treatment program
- Costs of said treatment
- Loss of child visitation
In the state of Arizona, domestic violence is not taken lightly. Even if the accuser does not agree to be a witness of the state, they will continue forward with the prosecution. The only way charges can be dropped is if the district attorney files a motion to do so and the judge approves the request.
How to Defend Against a Domestic Violence Accusation
How do we plan on defending you? Well, that depends on your situation. One of the more common scenarios we have come across in the past is the false claim. A false claim is most common in a situation where the couple is getting a divorce and it goes south. One party may claim that they were abused in order to win more assets or full custody of the children. Will will hire instigators to further look into the claim and find any discrepancies between actual and fabricated events.
Another possible scenario is that the other party was responsible for the abuse. In order to do so, you must prove that the other party was the aggressor. Many times, the person who is accused of domestic violence is acting in self-defense and/or trying to protect their children or another loved one. If this is the case, we will need to find evidence that shows the accuser was the initial aggressor.
Contact An Experienced Domestic Violence Defense Attorney
Domestic violence is a crime that appears to be receiving more media coverage than any other crime. We are beginning to see how it can affect the public image of an individual and the life-altering effects that come with not only the conviction, but the accusation as well. If you have been accused of allegedly being the aggressor in a domestic violence case, contact an experienced criminal defense lawyer right away.
John Lyke Law has handled dozens of domestic violence cases. We know the best strategies that will clear your name of these heinous accusations. Contact us today to discuss your case and legal needs. We will work endlessly to make sure that your reputation is not only restored, but upheld throughout the lawsuit.