what kind of attorney do you talk to about a domestic violence case

Full Answer

How to find a lawyer for a domestic violence case?

To find the lawyer who can best help with your situation, review the law firms’ profiles, visit their websites, and then contact them to confirm that you feel comfortable working with them on your domestic violence case. Domestic violence can include many types of abuse including spousal abuse, family abuse, and dating abuse.

What should you do if you’ve been hurt by a domestic violence partner?

In such cases, the person who hurt you may end up going straight to jail. The first thing you should do is contact a qualified domestic violence attorney as domestic violence is a criminal offense and can carry criminal charges. Be candid about what happened, and your lawyer will let you know if the domestic violence charge has any staying power.

What are some examples of domestic violence?

Some examples of domestic violence include threats of violence, throwing an object against the wall, taking away someone's car keys, preventing the person from leaving a room, breaking an object in their presence, grabbing the person's wrist, or intentionally bumping into the person."

What happens after a domestic violence case goes to trial?

Either through a plea or after a trial, the person is found guilty and sentenced by the court. Talking to a domestic violence attorney can help you learn more about domestic violence laws in your specific state and what each outcome may mean for your future. Did you know? 700,000 people are wrongfully arrested for domestic violence each year.

How do you handle domestic violence cases?

In an emergency, victims of domestic violence should call 911 or contact state or local law enforcement officials, who can respond to these crimes. Individuals in need of non-emergency assistance can also call the National Domestic Violence Hotline at 1-800-799-SAFE or visit www.TheHotline.org.

What is the punishment for domestic violence in California?

A felony domestic violence offense can lead to up to 5 years in state prison. Probation could also be as long as 5 years. There is a minimum of 3 years of probation as a state requirement in all cases of felony domestic violence.

How do I get a domestic violence case dismissed in Georgia?

The accuser has made false accusations before: A history of false accusations on the part of the accuser can already cast doubt on their claim. Combined with insufficient or inconsistent evidence, this can be enough to get the court to drop the charges in the early stages of the case.

How do I drop a domestic violence case in California?

Contact an experienced domestic violence attorney. A knowledgeable DV attorney can be critical in getting a charge dropped because he/she can: try to directly persuade a prosecutor to drop a charge, cast doubt on an accuser, highlight conflicting evidence, and.

How long does a domestic violence charge stay on your record in California?

If you were convicted of misdemeanor domestic violence, there is a 10 year prohibition from the state of California under Penal Code § 12021 c 1.

What all is included in domestic violence?

According to the domestic violence Act, Domestic Violence means harming or injuring a woman in a domestic relationship. It includes physical, sexual, verbal, emotional, and economic abuse within its ambit. The abuse under the Domestic Violence Act includes not only actual abuse but also the threat of abuse.

How does a domestic violence case get dismissed?

If the alleged victim does not cooperate, there may not be sufficient evidence for the prosecution to meet its burden. If the accuser has a history of pressing charges based upon false allegations of domestic violence, the prosecutor may elect to dismiss the charges.

What is a simple battery charge in Georgia?

§16-5-23. A person commits the offense of simple battery when he or she either (1) intentionally makes physical contact of an insulting or provoking nature with the person of another, or (2) intentionally causes physical harm to another.

How long does DA have to file charges in California?

For most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed. If the crime is a felony, the prosecution generally has three years to file charges from the date the offense was allegedly committed.

Is domestic violence a strike in California?

Domestic Violence as a Strike Offense There may be cases where a domestic violence offense can be considered a strike under California's Three Strikes Law. A conviction for a strike offense results in heightened sentences and can be used to enhance future convictions.

How can a domestic violence case be dismissed in India?

For a DV case for Hindu marriage, running in the trial court, under which section , can an appeal be put in the trial/session/HC for dismissal of the case, since the allegations are vague and the case does not have merits.

What does a domestic violence attorney do?

If Your perpetrator is spouse, domestic violence attorney, it will help you through the divorce process, this includes the right to spousal support and getting your share of marital property.

What does a lawyer do for domestic violence?

The lawyer will become your advocate in court; they will obtain and complete documents, deal with the prosecution. In short, they will take care of the whole legal process. Dealing with domestic violence is nothing short of a challenge. They can help you both emotionally and legally.

What does a lawyer do in a settlement?

The lawyer will go into details about the best choices and outcomes about your settlement as well as trials. You can speak to your lawyer about what course of action you want to take.

Why don't people have access to legal help?

They are either depressed, lack the financial means to do so or can’t work their way through the legal jar gon.

What to do if your lawyer doesn't show concern?

A lawyer who doesn’t show concern about your situation, mentally, physically, or financially won’t do you any good. Try to open up to your lawyer, and see how he responds. If his reaction doesn’t inspire confidence, then look for someone else.

Why is it important to have a lawyer?

Most defendants are scared after the arrest. So, they need someone for mental support as well. A lawyer is supposed to provide mental support apart from legal guidance; it’s an important part of their job.

Is it a mistake to ask a lawyer to help you?

It’s a common mistake. The lawyer is supposed to help you; they are not here to intimidate you. So, you should conduct an interview and learn about their experience, and how they default with cases like yours, this will help you evaluate whether they are a good fit for your situation or not.

What can a domestic violence lawyer do?

If you're the victim of domestic violence, an attorney can help protect you and your family through various methods such as getting a restraining order or custody changes. On the other hand, if you've been accused of domestic violence, an attorney can help keep you from losing custody ...

What is a guilty finding in domestic violence?

A guilty finding. Either through a plea or after a trial, the person is found guilty and sentenced by the court. Talking to a domestic violence attorney can help you learn more about domestic violence laws in your specific state and what each outcome may mean for your future.

What are some examples of domestic violence?

Some examples of domestic violence include threats of violence, throwing an object against the wall, taking away someone's car keys, preventing the person from leaving a room, breaking an object in their presence, grabbing the person's wrist, or intentionally bumping into the person. ". — Gina Famularo, California family law attorney.

Is restraining someone from harming themselves considered domestic violence?

For example, restraining another person to stop them from harming themselves is not considered domestic violence. It can also help to talk to your lawyer about how to gather evidence that can support your case. Be sure to let your domestic violence lawyer know about any evidence that the alleged victim may have as well.

Can an attorney help you get custody of your kids?

On the other hand, if you've been accused of domestic violence, an attorney can help keep you from losing custody of your kids and also possibly keep you out of jail. If domestic violence has touched your life, you may have some pressing questions related to your legal options.

Can you get an order of protection if you have been a victim of domestic violence?

If you've experienced domestic violence. If you've been a victim of domestic violence, you may be able to get an order of protection. If the person who hurt you then violates the order, they can face jail time. An order of protection is temporary at first.

Is it a good idea to hire a lawyer for domestic violence?

Hiring a lawyer is a good idea as well. The laws on what admissible evidence is in a domestic violence case may vary between states, and even between counties. A locally based attorney will help you gather what you need to make sure the protection order stands.

What are the types of domestic violence?

Protecting Victims. Domestic violence can include many types of abuse including spousal abuse, family abuse, and dating abuse. Domestic violence can also include emotional abuse as well as physical abuse.

What is attorney profile?

Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire. Use the contact form on the profiles to connect with local attorneys for legal advice.

Is it a good idea to research your lawyer before hiring?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can: Ensure the attorney is currently licensed to practice in your state.

Do you need a restraining order for domestic violence?

Often those who are abused eventually need a restraining order. Those who abuse do not always have an understanding that what they have done is wrong. Even if they do, they may want the opportunity to make it up to you. You may no longer live together, but they may show up at your work or other places you frequent. A restraining order drawn up with the assistance of an attorney specializing in domestic violence will protect you better than a standard restraining order drawn up by the courts.

Can you get full custody of your child if you are not with the abuser?

If your abuser is the parent of your child or children, whether you live together or not, you want to gain full custody based on current litigation or the abuser’s history. Your children deserve to be protected. You should not have to worry about your kids when they are not with you. Your attorney can also include your children in your protection order.

What can a domestic violence lawyer do for you?

What a Domestic Violence Lawyer Can Do For You. A domestic violence lawyer can provide important legal assistance to victims of domestic violence. This epidemic is reported to affect one in three women and one in four women in intimate relationships who have been physically abused by their partner in some manner. Read more.

What to do when one spouse is suffering from domestic violence?

When one spouse is suffering through domestic violence, it is important to contact a lawyer to determine how best to proceed and what type of case the individual wants to pursue , as these matters can usually progress through the civil or criminal courts.

What do victims of domestic violence need to know?

Victims of domestic violence need to know about their legal rights and how they can be protected from future incidents of domestic violence. Some of the most common questions that victims of domestic violence have and the answers include: Read more.

Can a spouse go to court for domestic violence?

Domestic violence usually leads to the criminal court if the person wants to seek justice through this option, but the spouse or romantic partner may decide to use the family court or even civil court instead.

Can a spouse drop a domestic violence charge?

When taking a spouse to criminal court for the prosecution of domestic violence charges, it is usually not possible to drop the charges because the lawyer (District Attorney) will determine if he or she will proceed with the case based on available evidence.

1. Has the Attorney Practiced This Type of Case Before?

This is one of the most important questions to ask. If your attorney has plenty of experience in the specifics of your individual case then this is a good sign for choosing that particular attorney.

2. What is Their Sucess Rate?

This is also a very good question to ask when thinking about settling on one attorney. A success rate and past experiences of defending their clients will say a lot about how well they will be able to operate in court.

3. What Is Their Opinion on The Outcome of Your Case?

Attorneys can't be accurate with everything they anticipate or say but they will have a good idea of how they can see a case panning out and the options on the table.

4. Are There Any Alternatives to a Trial?

Trials might not always be the best course of action when looking at the various options for false domestic violence charges.

5. What Are The Fees or The Expected Fees?

This needs to be transparent and clear from the start. You need to know exactly what the costs for the lawyer fees are going to be, and precisely how they are going to be billed.

6. How Long Is This Case Expected to Take?

This is also a really important question. Trials and cases are not only draining in a financial sense but can also be draining on an emotional level. This is especially the case if you are accused of things that aren't even true.

7. How Are We Going To Communicate?

This is a really useful question because it helps you to build trust in your attorney and how you will disclose things to them.

Anthony Gerald Ryan

This is the age of "specialization." It is obvious that you need a criminal defense lawyer, but be very specific why asking about experience. How many DV cases has the person handled?....not criminal in general. You don't want a person who does armed robbery cases every day and DV every once in a while. DV is very specific. Different rules apply.

Christopher Pracitto

You need a criminal defense attorney to fight your domestic violence case. Find one and speak to one before your first court date.

Alberto Marino Quirantes Jr

If it is a petition for an injunction for protection against domestic violence that is being heard in the family court, then you may want to look for a family law attorney who has experience handling these types of matters.

Tami Lane Augen

Yes. That applies to equally whether it's an injunction or a criminal trial.

Christopher Robert Dillingham II

A criminal charge like domestic violence needs a criminal defense attorney. Contact one in your area and discuss your case. These matters have serious implications and you need the best advice. Good luck to you.

Why do women wait to hear from the DA?

Sometimes weeks go by without communication only because women aren't quite sure how it's all supposed to work.

Can a case sit dormant in the district attorney's office?

Don't allow a case to sit dormant in the district attorney's office without a decision. No matter which timeframe the attorney is working under, there really isn't much cause for an attorney not to quickly read the case as soon as it comes into the office, and then to make a decision immediately following the reading.

Is domestic violence a felony?

The case is charged as one count misdemeanor domestic violence. It should be charged as one count felony brandishing a weapon, one count misdemeanor domestic violence, and a felony threat to kill. Many times it is just that easy to see that the case is undercharged. Other times it takes more knowledge and experience.

Should an attorney read a case?

The attorney should read the case as soon as possible after it comes into the office. And once having read the case, there's little reason not to make an immediate decision; whether to file the case, reject it, or send the case back for more investigation.

Is violence against women a violation of parole?

(The same is true when a violence against women case is treated as a violation of parole.