Domestic Violence Defined

Each state has its own laws and penalties for criminal offenses involving domestic violence, including unique guidelines for what constitutes an act of domestic violence. California’s domestic violence laws make it a crime for a person to willfully use force or violence against a member of their family or household. This includes a person’s current or former spouse, domestic partner, dating partner, fiancé or cohabitant, a co-parent, or any other family member, household member or blood relative. There are several criminal statutes in California that can be used to prosecute domestic violence offenses, also known as domestic battery, spousal battery, domestic abuse, or spousal abuse, the two main statutes being Penal Code § 273.5 PC (corporal injury to a spouse or inhabitant) and Penal Code § 243(e)(1) PC (domestic battery).

Penal Code § 273.5 PC – Corporal Injury to a Spouse or Inhabitant

Penal Code § 273.5 PC is a California domestic violence law that defines felony domestic violence as the act of willfully inflicting corporal injury resulting in a traumatic condition upon a family or household member. This criminal offense is a felony punishable by a fine of up to $6,000, and/or imprisonment in state prison for two, three, or four years, or in a county jail for up to one year.

Penal Code § 243(e)(1) PC – Domestic Battery

Under Penal Code § 243(e)(1) PC, the crime of domestic battery is defined as a battery committed against a spouse, a cohabitant, a co-parent, a former spouse or fiancé, or a person with whom the defendant has or previously had a dating relationship. Under this California statute, domestic battery is a misdemeanor offense punishable by a fine of up to $2,000, and/or imprisonment in a county jail for up to one year.

When Domestic Violence is Actually an Act of Self-Defense

There is a fine line between committing an act of domestic violence and behaving in a way that is necessary for safety, and that line is often blurry. No one deserves to be threatened, harmed, or injured by an intimate partner, family member or household member, and every person has the right to protect themselves from harm by any reasonable means necessary. The very act of self-defense involves the use of force to protect oneself from attempted harm or injury by another person, including a domestic partner. However, because domestic violence is such a tense, high-profile topic, it doesn’t take much for self-defense to be misconstrued as an act of domestic abuse, especially if the other person claims to have been the victim of abuse. False accusations of domestic violence do happen and if it happens to you, it can be extremely difficult to turn the tide and show that your actions were necessary for your own safety or the safety of someone else in your home, such as a child or another family member. That is why we always recommend seeking legal advice from a reputable San Diego criminal defense attorney when facing criminal charges for a domestic violence offense.

What is the Difference?

If you are involved in a domestic violence case where self-defense could be a legal defense to criminal charges, you will need to know the difference between the two. The main element that sets self-defense apart from domestic violence is the motivation behind the use of force or violence against the other person. In genuine self-defense situations, the motivation is an innate need to protect oneself or others from imminent harm, while in domestic violence situations, the motivation may be anger, resentment, shame, or some other emotional response. In California, self-defense is an affirmative defense, which means the defendant acknowledges that he or she engaged in illegal conduct but explains that it was for the sole purpose of avoiding imminent harm or injury. To win your domestic violence case with a self-defense argument, you must show not only that you believed you were in imminent danger but that your belief was reasonable.

When Self-Defense Goes Too Far

Self-defense involves engaging in behavior that would normally be considered a crime but is justifiable under the circumstances. If you hope to fight domestic violence charges by arguing self-defense, you or your attorney will have to establish certain elements of the legal defense, which include the following:

• You (or others) were in imminent danger of suffering physical harm,
• You reasonably believed that the use of force was necessary to defend yourself (or others) against that danger, and
• You only used the amount of force that was necessary to defend against that danger.

In some domestic disputes where both parties can keep a level head and work together to address their issues, it may be possible to resolve the dispute without resorting to physical force or violence. However, in other domestic situations where tensions are high, tempers are flaring and there is a real possibility that physical violence may occur, self-defense may be necessary to protect oneself or others in the house from harm. However, if you claim self-defense as a defense against domestic violence charges and the degree of force used was beyond what a reasonable person would consider necessary under the circumstances, you may not prevail with a self-defense argument.

Can Self-Defense be Manslaughter?

If left unaddressed, domestic disputes can quickly escalate and become deadly, which could lead to criminal charges for manslaughter. However, if your domestic partner puts you in fear of imminent death by threatening to kill you or committing violence against you and you use deadly force to protect yourself from being killed, your actions may be justified under California’s self-defense laws. The key to successfully arguing self-defense in a manslaughter case is establishing that the degree of force used was necessary under the circumstances. For instance, if your partner tells you he is going to kill you and begins choking you and you push him down the stairs, killing him, this would be an example of a potentially deadly situation in which self-defense is justified. On the other hand, if your partner threatens to slap you and you stab him with a knife and kill him, the court will likely decide that the amount of force you used was not reasonably necessary to defend yourself against harm. This is an example of a situation in which self-defense goes too far.

What is the Castle Doctrine?

The Castle Doctrine (Penal Code § 198.5 PC) is a legal principle in California having to do with the use of force in self-defense against others inside a person’s home. The law states that “Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.”

What that means is this: California residents do not have a duty to retreat from intruders who have broken into their home. Rather, the Castle Doctrine permits them to use force (up to and including deadly force) against any intruder who unlawfully and forcibly enters or attempts to enter their home. Under this law, if a defendant in this scenario injures or kills another person who has entered their home in lawful self-defense or in defense of another, the defendant is not guilty of a crime. However, because the law explicitly refers to force used against another person “not a member of the family or household,” the Castle Doctrine may not apply to a domestic violence case.

How a Domestic Violence Defense Lawyer Can Help

Under normal circumstances, using force or violence against another person would be considered a criminal act. However, if the behavior is justified, meaning it is employed for the purpose of protecting against serious bodily harm or death, self-defense can be a defense to a number of crimes, including domestic violence. If you are facing criminal charges for domestic violence in San Diego, do not hesitate to hire an experienced domestic violence defense attorney to represent your case. Your situation may seem dire, but there is always room for a good defense attorney to challenge the charges, especially if you acted in self-defense. Contact our qualified criminal defense attorneys as soon as possible to discuss your legal options. To speak with someone about your case please contact Sevens Legal, APC.

Truth be told, false accusations of domestic violence happen more often than you might think, and allegations of this kind are serious. They can tear apart families, destroy careers, and ruin lives, which is all the more devastating for those who have been falsely accused. That is why we always recommend hiring an experienced criminal defense attorney when faced with claims of domestic violence, even if you know you did nothing wrong. An attorney with experience defending clients against domestic violence charges can review your case and develop a strong defense based on your specific situation.

Domestic Violence During COVID-19

It has been nearly a year since the coronavirus outbreak effectively shut down the United States and millions of Americans were suddenly confined to their homes, subject to strict stay-at-home and shelter-in-place orders. During that time, couples and families found themselves locked down with considerable restrictions on their personal movement, and concerns about domestic violence peaked nationwide. In addition to the mandatory quarantine orders implemented in an effort to slow the spread of COVID-19, schools across the country were closed, businesses were forced to suspend operations, and many workers were laid off. It is not hard to believe that these unprecedented circumstances could have intensified disputes within dating relationships, domestic partnerships, marriages and families, possibly leading to allegations of domestic violence.

Because many states have mandatory arrest laws that apply to domestic violence incidents, if the police show up at your door on a domestic abuse call, it is likely that an arrest will be made. Unfortunately, that means you could end up being arrested for domestic violence because of a simple misunderstanding between you and your partner or because your partner is trying to get back at you for something. In most cases, it doesn’t even matter if the alleged victim decides not to press charges. The decision to bring charges or drop charges for domestic violence is typically in the hands of the state prosecutor, who may wish to see you pay the price for your alleged crime. Once you have been arrested for domestic violence, avoiding criminal charges can be a difficult task, one that could potentially result in jail time, a restraining order, probation, and other devastating penalties if you are found guilty of the crime.

Examples of Domestic Violence

Most people immediately think of physical abuse when they hear the term domestic violence, but there are several different kinds of abusive behavior that fall under the umbrella of domestic violence. In addition to physical abuse, domestic violence can also involve emotional abuse, psychological abuse, sexual abuse, verbal abuse, or financial abuse. This can include actions or behavior that you may never have imagined could amount to domestic abuse and warrant a criminal charge, including the following:

• Monitoring the other person’s phone calls
• Coming home unexpectedly to check on them
• Making offensive or insulting statements about their sexual preferences or behavior
• Withholding sex in an attempt to control the other person
• Isolating them from friends, family members or the religious community
• Yelling at the other person or calling them names meant to embarrass or denigrate them
• Controlling the household income and limiting the other person’s access to money
• Putting the other person on an allowance
• Spending money meant for household necessities on nonessential items, such as alcohol or drugs

Allegations of abuse have become more widespread during the ongoing COVID-19 crisis, which has elevated stress levels in U.S. households, created insurmountable economic challenges, and forced millions of Americans to live in close quarters while waiting for the deadly pandemic to come to an end. If you get involved in a dispute with your spouse, domestic partner, boyfriend, girlfriend, or family member during COVID-19, and your actions or behavior fall into the category of physical, emotional, verbal, psychological, sexual or financial abuse, you could find yourself facing charges for domestic violence. If you have been the victim of domestic violence during COVID-19, protect yourself against further attacks by getting help right away.

Finding the Right Domestic Violence Lawyer

Legitimate victims of domestic violence deserve support, protection, and justice for the harm they have suffered at the hands of their intimate partner or family member. Unfortunately, there are some people who see using false claims of domestic violence as a means of getting revenge against a current or former partner, or gaining leverage over an ex in divorce or child custody proceedings.   

When it comes to defending yourself against false accusations of abuse, it is imperative that you find a domestic violence lawyer who has a clear understanding of the laws in your state and an innate ability to craft a compelling defense in your case, especially if the allegations against you are false. You may think that being innocent of the crime is enough to protect you against false accusations of domestic violence. Unfortunately, the criminal justice system simply does not work that way. People tend to side with the alleged victim in domestic violence cases and all too often, innocent people are sentenced to jail for a crime they did not commit.

With this in mind, it is important to do your research when looking for a domestic violence lawyer. The most expensive lawyer isn’t necessarily going to be the best one for your case, but you don’t want to pick the cheapest lawyer either. Choosing a few potential candidates and scheduling a free initial consultation with each is a good first step. Your lawyer will be your most valuable asset and your strongest advocate in court, so be sure to do your due diligence at this stage of your case.

Defenses Against Claims of Domestic Violence

Once you have found the best possible legal representation, you can then sit down with your lawyer and start planning your defense. It is your lawyer’s legal responsibility to provide you with competent and capable representation. That means openly communicating with you, advising you in all matters related to your case, walking you through each possible defense strategy, and ensuring that you understand the charges against you and the options available to you for fighting those charges. A good criminal defense lawyer may even be able to intervene early on and prevent charges from being filed in the first place, which would save you a great deal of trouble and limit your exposure to criminal penalties. If you are charged with a domestic violence crime, there are a number of possible defenses against such allegations, which you can use to assert your innocence.

One example of a defense that can be used in a domestic violence case is unintentional injury. In this situation, you may acknowledge that you were present at the time the other person’s injuries occurred, but that the injuries were the result of an accident. For instance, if you were repairing a piece of broken furniture in your home and the hammer slipped and struck your spouse, you can claim that you did not commit an intentional act of domestic violence.

Another possible defense against domestic violence charges is self-defense. If your partner was attacking you and you were required to use physical force to defend yourself against the attack, you may be able to claim self-defense.

Or, if your partner’s story was completely fabricated and you had nothing to do with the injuries he or she allegedly sustained in what was portrayed as a domestic violence incident, you can assert that you have been falsely accused of domestic violence. It is possible that the injuries were self-inflicted or that the alleged victim suffered abuse at the hands of someone else entirely.

Why You Need an Experienced Domestic Violence Lawyer

What is Domestic Violence?

As a general rule, domestic violence is any act of violence or other abuse perpetrated by one person against another person in a marriage, cohabitation or domestic setting for the purpose of gaining or maintaining control over that person. Every state has its own set of laws concerning domestic violence and these laws lay out the specific definition of domestic violence, the various types of criminal acts that can result in domestic violence charges, and the penalties prescribed for violations of state domestic violence laws. The domestic violence laws in some states are very narrow and specific while the laws in other states are very broad, and depending on where you live, you could be committing a federal domestic violence crime without even realizing it.

California Domestic Violence Charges

In the state of California, for instance, you can be charged with domestic violence for physically harming or sexually assaulting an intimate partner or family or household member, which most people understand. However, you can also be arrested for domestic violence in California if you threaten an intimate partner or family or household member with the intent of making that person reasonably afraid that he or she is about to be seriously injured, even if you don’t actually carry out the abuse. Moreover, domestic violence does not have to involve acts of physical abuse. The abuse can also be verbal, psychological or emotional.

New Jersey Domestic Violence Charges

In the state of New Jersey, there are more than a dozen criminal offenses that may be considered domestic violence if perpetrated against a “protected” individual. The Prevention of Domestic Violence Act of 1991 provides protections for individuals 18 years of age or older and emancipated minors who have been the victim of domestic violence by a current or former spouse or a current or former household member. This includes assault, stalking, kidnapping, false imprisonment, criminal coercion, harassment and criminal sexual contact, among other illegal acts.  

How is Domestic Violence Punished?

As we mentioned above, the penalties associated with a domestic violence-related offense depend on the state in which the alleged crime was committed. If you are convicted of a violation of California Penal Code § 273.5(a) PC, which makes it felony crime to inflict corporal injury on a spouse or cohabitant, you could face imprisonment in state prison for two, three or four years, plus a fine of up to $6,000, among other potential penalties. In New Jersey, a domestic violence charge of simple assault is typically charged as a misdemeanor offense. However, the assault crime may be upgraded to a felony if there are any aggravating factors involved in the alleged offense, such as the use of a deadly weapon or serious bodily injury inflicted on the alleged victim. For a fourth-degree felony domestic violence offense, the penalty handed down by the court may include incarceration in state prison for up to 18 months. The potential penalty is between three and five years for a third-degree felony, between five and 10 years for a second-degree felony, and up to 20 years for a first-degree felony.  

Know the Domestic Violence Laws in Your State

State legislatures are responsible for defining and penalizing acts of domestic violence and abuse but not all states abide by the same criteria in establishing and enforcing domestic violence laws. Approximately 38 states include domestic violence definitions and penalties within their criminal code, while nearly every state’s domestic relations or social services codes contain a definition of domestic violence. Within these codes, there is still a great deal of variance, which is why it is important to be familiar with the domestic violence laws in your state. It is also imperative that you enlist the help of a domestic violence lawyer trained to practice in your state if you find yourself facing criminal charges for domestic violence. This is the only way to ensure that you receive the best possible legal advice based on your specific situation.

Consult an Experienced Domestic Violence Defense Attorney

Nationwide, crimes against intimate partners, family members and children are viewed as particularly egregious, and having a domestic violence conviction on your record can have a lasting impact on your personal and professional life, one that can jeopardize your entire future. If you are facing criminal charges for domestic violence, it is imperative that you understand your legal rights, the nature of the charges against you and the process by which domestic violence charges are handled in your state. The most important step you can take after being accused of or arrested for domestic violence by an intimate partner or family or household member is to enlist the help of a reputable domestic violence lawyer who knows the law and what is at stake. The consequences of a domestic violence charge can be devastating, no matter how minor the charge may seem. With this in mind, you should know that it is never too late to seek legal guidance from an experienced defense attorney. Even if you have already been charged with a crime, a skilled domestic violence lawyer can ensure that your rights are protected and help you navigate your case.

Increase in Domestic Violence Arrests During Coronavirus

In response to what appears to be a surge in domestic violence incidents during the COVID-19 pandemic, law enforcement officials across the country are increasing efforts to crack down on domestic violence in their respective jurisdictions. If the police show up at your home on a domestic violence call and your spouse or family member accuses you of abuse, you could end up being arrested, even without a warrant. You could even be arrested for domestic violence if there is no witness and the alleged victim has no visible injuries. The laws prohibiting acts of domestic violence tend to be extremely protective of victims, and if an alleged victim accuses you of abuse, it will be your word against theirs. Domestic violence laws differ from state to state, but the stigma associated with allegations of domestic violence is the same across the board. An arrest for domestic violence could destroy your personal and professional relationships and ruin your reputation and your standing in the community, even if you did nothing wrong.

Domestic Violence Tied to COVID-19

The specific criminal offenses that qualify as domestic violence vary depending on the state, but the general definition of domestic violence is: violence or abuse that occurs in a domestic setting, such as a marriage or cohabitation. What sets acts of domestic violence apart from other crimes involving violence or abuse is the relationship between the accused and the alleged victim. If a person is accused of assaulting a stranger, that person could face criminal charges for assault. However, if that person is accused of assaulting a current or former spouse, a parent, a sibling, someone they used to date or someone they live with, the same offense can be charged as domestic violence.

It is common for disputes to arise in a marriage, a family or a household. People who share the same space and spend a great deal of time together are bound to have their differences, and on occasion, disputes between spouses, family members or cohabitants may get out of hand. This kind of thing is even more likely to occur during the ongoing coronavirus pandemic, with state-mandated measures in place that require people to stay in their homes and avoid going out to reduce the spread of COVID-19. If you are involved in a dispute with a member of your family or someone you live with during COVID-19 and the police get involved, you could end up being arrested and charged with domestic violence.

Consequences of Domestic Violence Charges

A domestic violence conviction carries severe consequences, possibly including jail time, fines and other long-lasting penalties that depend on the laws of the state in which you are tried. But even before you are charged with a crime, before you get your day in court, you can find yourself facing severe restrictions simply by being accused of domestic violence. If your spouse or someone else with whom you have a close relationship claims that you committed an act of domestic violence against them, they can ask the court for a domestic violence restraining order against you. A domestic violence restraining order is a civil order and depending on the specific situation, it may require you to:

• Refrain from committing any further acts of abuse against the alleged victim (the petitioner),
• Avoid contacting or communicating with the petitioner,
• Move out of your home if you live with the petitioner,
• Complete a batterer’s intervention program or other counseling program,
• Pay temporary support to the petitioner, and/or
• Observe all child custody and/or visitation conditions included in the order.

Having a Restraining Order Issued Against You During COVID-19

Domestic violence restraining orders exist to protect real victims of domestic violence from continued abuse. Unfortunately, there have been occasions where restraining orders have been obtained on the basis of false or exaggerated allegations of abuse designed to get back at a spouse or former partner or to have that person removed from the accuser’s home. Initial domestic violence restraining orders are considered “temporary,” but they typically remain in effect until a hearing when a judge will determine whether a “final” restraining order should be granted. During COVID-19, when courts are experiencing significant backlogs and delays, that could take much longer than usual. And until you can get a hearing, being forced to comply with the terms of an unsubstantiated domestic violence restraining order can significantly disrupt your life, possibly forcing you to stay away from your children and your home for weeks or even months. Unfortunately, violating the terms of a domestic violence restraining order by contacting the alleged victim or going to your home, even if you are simply trying to explain yourself or clear up a misunderstanding, can result in criminal charges.

Defending Against Domestic Violence Charges

The coronavirus pandemic has changed virtually every aspect of our lives, from the way we work to the way we buy our groceries, even the way we communicate with our friends and family members has changed. One thing that hasn’t changed during COVID-19 though, is the right of criminal defendants to retain a defense attorney. Anyone accused of committing a crime deserves a fair defense and that includes cases involving alleged acts of domestic violence. Our criminal defense attorneys specialize in domestic violence cases and we aggressively represent individuals who have been charged with assault, battery and other violent crimes against members of their family or household. If you have been falsely accused of domestic violence, the best way to clear your name is to reach out to a criminal defense lawyer who can represent your case and bring the truth to light.

How a Domestic Violence Defense Attorney Can Help

Considering how swiftly arrests are made for domestic violence incidents and how aggressively these types of cases are prosecuted, it might not be easy to protect your rights and freedom on your own. Some state laws impose mandatory jail stays immediately after an arrest for domestic violence and many domestic violence arrests result in a restraining order, which may force you out of your shared home, regardless of who owns it. And once your case is handed over to a prosecutor, the decision to proceed to trial or dismiss the case is up to the prosecutor. Even if the person who accused you of domestic violence changes his or her mind and wants to have the charges “dropped,” the prosecutor still has the authority move forward with the case. Things tend to move rather quickly in a domestic violence case, which is why we recommend consulting a defense lawyer as soon as you are arrested, even if you have yet to be formally charged. The moment you retain our domestic violence lawyers, we will get to work gathering evidence, investigating the charges against you and analyzing the circumstances of your arrest so we can build the strongest possible case on your behalf.

Contact Our Skilled Domestic Violence Lawyers Today

False accusations of domestic violence are not uncommon under normal circumstances, but the risk of being unjustly accused of abuse against a spouse or family or household member is even greater during the ongoing COVID-19 pandemic, when tensions and stress levels are at their highest. Facing criminal charges for domestic violence can be frightening and confusing, especially if you know you did nothing wrong. Unfortunately, when it comes to allegations of domestic violence, law enforcement officers, prosecutors and the general public rarely believe the accused over the alleged victim. Fortunately for you, our criminal defense attorneys have what it takes to stand up to the prosecution and help you fight the charges levied against you. We know that having a domestic violence conviction on your record can follow you for the rest of your life and we will do everything in our power to prevent that from happening.

What Constitutes Domestic Violence?

Each state has its own laws prohibiting acts of domestic violence, a criminal offense that, generally defined, involves any act of violence or abuse that takes place in a domestic setting, such as a family or household. Some states have separate criminal statutes that deal exclusively with domestic violence crimes, while others penalize domestic violence under their assault and battery or other statutes. California, for instance, has a number of statutes that cover domestic violence offenses, including Penal Code § 273.5 PC (Corporal Injury to a Spouse or Inhabitant) and Penal Code § 243(e)(1) PC (Domestic Battery). In Utah, on the other hand, “any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm” is considered domestic violence, when the offense is committed by one family or household member against another (Utah Code § 77-36-1).

What to Do if You are Facing Domestic Violence Charges

Allegations of domestic violence are taken extremely seriously by law enforcement officials and prosecutors alike. This is especially true during the COVID-19 pandemic, when police departments across the country are seeing an uptick in domestic violence calls and allegations due to the quarantine and isolation measures put in place to slow the spread of the virus. Due to increased vigilance on the part of law enforcement officers and enhanced efforts to quickly and efficiently respond to domestic violence claims during the coronavirus pandemic, innocent individuals may find themselves facing domestic violence charges because of a simple misunderstanding or exaggeration on the part of their spouse, partner, family member or household member. The following are some tips for fighting domestic violence charges during COVID-19:

• Exercise Your Civil Rights

Being arrested for a domestic violence-related crime can be frightening and confusing, especially if you are innocent of the charges. No matter what crime you have been accused of committing, it is imperative that you exercise your civil rights upon arrest. As with any other criminal offense, you have the right to remain silent if you are under arrest for domestic violence and it is in your best interest to exercise this right every step of the way. Until you can speak to your attorney, you should avoid making any statements to the arresting officers, communicating with your accuser or, once you are in custody, answering any questions the police ask you, even if you know you didn’t do anything wrong. No matter what they tell you, the police are not on your side, and anything you say to them could end up being used against you.

• Hire a Skilled Domestic Violence Defense Attorney

The one person you can guarantee is on your side for the duration of your criminal case is your defense attorney. That is why you want to make sure you choose an attorney who has extensive experience representing clients accused of domestic violence, so you know that your case is in good hands. Our attorneys are working hard to protect the rights and best interests of our clients during the COVID-19 pandemic and we can help you get the best possible outcome in your case. We have been paying close attention to the increasing trend of domestic violence stemming from the coronavirus quarantine and we are prepared to help you challenge unfair claims of abuse or remedy the situation if your anger or stress got the best of you.

• Gather Evidence that Could Help with Your Case

In the midst of the coronavirus pandemic, civil and criminal courts across the country were shut down to reduce the spread of COVID-19 and many criminal cases were put on hold as a result. However, as COVID-19 restrictions begin to be lifted, courts in many states are reopening and criminal cases will continue to be scheduled and heard in accordance with normal practices. When it comes to building a strong defense in your criminal case, your attorney will handle the bulk of the investigation and research, but you can do your part by gathering any evidence that may be pertinent to your case. This may include any of the following: any recollections and thoughts you have about the alleged domestic violence incident or the circumstances surrounding your arrest, any communication between you and your accuser (i.e. text or email conversations, voicemails, etc.), or any social media photos, videos or comments.

• Comply with All Terms Set Forth in the Protective Order

One of the most important things you can do to protect yourself when facing charges for domestic violence is to comply with the terms of the protective order. In many cases, a domestic violence arrest is accompanied by a court order that prohibits the alleged abuser from contacting or going near the alleged victim. If you have been arrested for domestic violence and you live with your accuser, you may even be required to leave your home, regardless of any COVID-19-related restrictions on movement. Keep in mind that, in many states, violating a protective order is a crime in and of itself, which means you could face additional criminal charges if you violate the order.

• Consider Counseling or Treatment

Depending on the nature and severity of the domestic violence charges against you, you may qualify for probation. This is usually accompanied by the requirement that you complete a court-approved program, such as substance abuse counseling, anger management or a batterer’s intervention program. If your lawyer thinks it could help your case, you may even get started on a counseling or treatment regimen before the court orders one. This could work in your favor by showing the court that you are taking the allegations against you seriously.

Hiring a Criminal Defense Attorney During COVID-19

In times like these, when the entire country is reeling from the COVID-19 outbreak, you may find it more difficult than usual to get the help you need. And you do need the help of a criminal defense attorney when facing domestic violence charges. That is why we are doing everything we can to provide a variety of options during the ongoing coronavirus pandemic, to ensure that those falsely accused of domestic violence have continued access to reliable legal advice and skilled representation. A conviction for domestic violence can result in serious consequences, possibly including jail time, substantial fines and other penalties, not to mention a possible loss of child custody and certain civil rights, such as the right to possess a firearm. If your spouse, dating partner or family or household member has accused you of committing an act of domestic violence against them, no matter how minor the allegations may seem, chances are that person has already told their side of the story to the police and may even have an attorney to represent them. The best way to protect yourself against these charges is to hire your own attorney and prepare yourself for what could be a complicated case.

Contact Our Top-Rated Domestic Violence Defense Lawyers

Domestic violence is not something that should ever be taken lightly. Victims of domestic violence deserve to seek justice against their abusers. However, not all claims of domestic violence are legitimate. Plenty of domestic violence cases are based on false claims and false claims of abuse tend to occur more frequently during times of heightened stress, like we have seen with the COVID-19 crisis. If you have been the target of a false or exaggerated domestic violence complaint, you need a defense lawyer on your side who can protect your legal rights and guide you towards a satisfactory resolution. Depending on the facts of your case, a skilled attorney may be able to get the domestic violence charges dismissed or at least reduced to a lesser offense, but when it comes to retaining legal counsel, time is of the essence. If you wait to hire an attorney, you could end up incriminating yourself or doing something to hurt your case.