what type of attorney is needed to file a domestic violence charge

Do I need a criminal defense attorney for a domestic violence case?

Sep 19, 2016 · If you or someone you know is facing criminal charges, building a powerful defense begins with a call to the Law Offices of Jason K.S. Porter. Our criminal defense attorneys are former prosecutors with substantial experience helping clients to overcome charges related to domestic violence.

How can I beat a domestic violence charge without a lawyer?

Dec 02, 2017 · Domestic violence lawyers can help those who have been accused of domestic violence defend against restraining orders and criminal charges. Additionally, however, if you have been the victim of domestic abuse, you might also need an attorney. You need someone who knows California law, will protect your rights and will fight for your best interests.

What should I do if I'm accused of domestic violence?

A locally based attorney will help you gather what you need to make sure the protection order stands. In severe domestic violence cases, an order of protection might not be enough. In such cases, the person who hurt you may end up going straight to jail. If you've been accused of domestic violence

Can a district attorney drop charges in a domestic violence case?

Sep 01, 2008 · Importantly, once domestic violence charges are filed, the victim becomes a witness for the prosecution and can't drop the charges. Only the district attorney can drop charges with approval from a judge. Defense against a domestic violence charge. Defenses in domestic violence cases include self-defense and de minimis infractions. Self-defense is often …

Is domestic violence a felony in NY?

The various assault charges contained in the New York Penal Law (NYPL §§ 120.00, 120.05 and 120.10) can rise as high as a B felony and as low as a misdemeanor – the range comes with potential jail time from up to 25 years down to probation.

What is the statute of limitations on domestic violence in New York?

two yearsNew NY legislation increases statute of limitations for domestic violence civil suits to two years. Albany, NY (WHCU) – Governor Andrew Cuomo's signed legislation (S. 2416/A. 1945) to increase the statute of limitations for civil suits related to injury caused by domestic violence to two years.

Is domestic violence punishable by law?

Inflicting physical violence on a wife or daughter-in-law as well as subjecting her to cruelty - physical, mental or emotional - in a marriage is not only a civil offence and provides ground for divorce (a "matrimonial offence"), but is also a criminal offence under the Indian Penal Code, for which a person can be ...

What happens when you get a domestic violence charge in California?

The severity of domestic violence charges The legal consequences for domestic violence in California could involve fines, counseling, probation, community service or imprisonment. Further, you could be legally prohibited from ever contacting the victim or going into their home.

How does New York define domestic violence?

Domestic violence is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. It may be sexual assault. It may be physical abuse.Aug 13, 2019

How long do you have to press charges in NY?

Like in most other states, there is no time limit to bring charges for crimes such as murder or crimes punishable by life in prison. But lesser felonies have five years statute of limitations, while most misdemeanors (but not all) are two years.Sep 10, 2020

Is domestic violence case bailable?

Matrimonial Cruelty in India has now been made a cognizable, Non- bailable and Non-Compoundable offence.

What is anti domestic violence law?

RA 9262 , otherwise known as the Anti-Violence Against Women and Their Children Law (“VAWC”), defines violence against women and children as “any act or a series of acts against a woman who is his wife, former wife or against a woman with whom the person has or had sexual or dating relationship, or against her child, ...

What cases can wife file against husband?

As of today though, Section 498a IPC is used by a woman in India to file a complaint against her husband for mental, physical, and psychological or any other agony or harassment and the punishment for 498a case under the IPC is also known well to the society due to the build-up of so many 498a cases coming in the ...

How long do you get for domestic violence in California?

Punishment for Domestic Violence. A domestic violence conviction will result in a minimum sentence of three years of probation and successful completion of a 52-week mandatory batterer's program which meets one session per week for a minimum of two hous.

Can a domestic violence case be dismissed in California?

The only person capable of dropping domestic violence charges in California is the state prosecutor working on the case. Prosecutors investigate criminal cases and allegations brought to their attention and represent the victim in court.

Can you expunge a domestic violence charge in California?

DV cases usually involve a three year probation, a fine, restitution, and a 52 week anger management class. These cases can be expunged, and felony cases reduced to a misdemeanor and then expunged, so long as no state prison time was imposed.

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 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.

What are the outcomes of domestic violence cases?

The possible outcomes of a domestic violence case vary between states. For example, in Washington, there are about 5 possible outcomes: 1 Dismissal with prejudice. This is when the jury decides that the suspect is not guilty and the case should never be reopened. 2 Dismissal without prejudice. This happens when there isn't enough evidence for a conviction, but there's a possibility that the case could be reopened in the future. 3 Amended charges. Prosecutors may adjust the charge so that it does not include a domestic violence charge, but still includes a crime of which the person is likely to be found guilty. 4 Stipulated order of compliance. This means that the case is dismissed if the accused person agrees to act according to specific rules of conduct. 5 A guilty finding. Either through a plea or after a trial, the person is found guilty and sentenced by the court.

Can you go to jail if you are found guilty?

Discussing your available options can be beneficial as well. Even if you're found guilty, you may be able to avoid jail time if you agree to adjust your conduct and follow rules set out by the court.

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.

How long do you have to be in jail for domestic violence?

When law enforcement receives a report charging domestic violence, they are required to arrest and jail the accused within four hours of the report. If you are arrested, you may be prohibited from contacting the victim by a protection order and may have to post bail.

What is domestic violence?

Domestic violence charges are the legal accusations made by a victim against an alleged perpetrator of domestic violence. Domestic violence charges are serious and are usually prosecuted. The nature and penalties of charges vary by state. Criminal domestic violence charges can be either felonies or misdemeanors.

Why is self defense so hard to prove?

Self-defense is often hard to prove because generally the physically stronger party is the accused. A de minimus infraction is considered too trivial to be considered a criminal act. This defense is best used in cases of harassment. If you are charged with domestic violence.

What are the penalties for domestic violence?

Penalties often include jail time, fines, probation, and court-ordered treatment programs. Misdemeanors may be penalized as felonies if the perpetrator has a history of domestic violence charges. A domestic violence conviction carries other consequences as well. If convicted of a felony, the perpetrator loses his or her right to possess ...

Can a domestic violence case be dropped?

Importantly, once domestic violence charges are filed, the victim becomes a witness for the prosecution and can't drop the charges. Only the district attorney can drop charges with approval from a judge. Defenses in domestic violence cases include self-defense and de minimis infractions.

What happens if you are convicted of a felony?

If convicted of a felony, the perpetrator loses his or her right to possess a firearm for life. Doctors, nurses, day-care operators and other professionals who are convicted may have their licenses revoked. If an unnaturalized citizen is convicted, he or she may be deported or denied citizenship. Importantly, once domestic violence charges are ...

Is domestic violence a felony?

Criminal domestic violence charges can be either felonies or misdemeanors. If the victim is seriously injured or killed, the charge is a felony. If the victim sustains minor injuries or is uninjured, the charge is a generally a misdemeanor.

Why is it important to tell your attorney everything?

It is important that you tell your attorney everything that is relevant to your case, even if you think it makes you look bad. Your attorney will work with you to decide how to deal with any negative ...

What documents should I bring to court?

It is important to bring any and all documents that relate to a case you have in court (i.e. protective order, child custody order, or child support order).

What happens if you are arrested for domestic violence?

If you have been arrested for a domestic violence charge, chances are your life has been upended in more ways than one. Not only did you have to pay significant bail to get out of jail, most likely you were served a domestic violence restraining order by the judge handling your case at the first court appearance.

Is hearsay evidence?

They are hearsay and are not evidence. As such, it is important to show a different side to the story when negotiating with the prosecutor, a story that they are not fully aware of by just talking to the police officers and reading the reports.

Is a police report hearsay?

Statements made immediately after the incident when tempers are high and there is motivation to exaggerate by both the “victim” and the defendant are not always accurate nor are they always reliable. Police reports don’t testify at trial. They are hearsay and are not evidence.

Is a get out of jail card a free card?

While in many situations that can be helpful, it is not a “get out of jail free card”. The District Attorney is expecting that the alleged victim (usually a female spouse or girlfriend) does not want to cooperate with the prosecution of the case for obvious reasons: financial support, help with the children etc.

What to do if you are falsely charged with domestic violence?

If you have been falsely charged with domestic violence, then rest assured that you have defenses to the charge. You can argue that the violence never occurred or that you were actually the victim and acting in self-defense.

How to dress for a judge?

Dress appropriately. You need to look neat and clean in front of a judge. Choose conservative dress at all times. Although you do not need to wear a suit, you still should look professional.

What happens if you lie to the police?

If the alleged victim lied to the police, then he or she may feel guilty and want to recant their testimony. Unfortunately, even if the person recants, the state can still go ahead with a prosecution. Nevertheless, by recanting, the likelihood of prosecution decreases.

How to get out of jail?

Pay your bond. In order to get out of jail, you will need to bond out. By doing so, you free up time to meet with your lawyer outside of jail to plan your defense. For information on how to get a bail bond, see Arrange Bail at No Cost . You also need to observe the conditions of your release. This is critical.

What is exculpatory evidence?

Request exculpatory evidence from the prosecution. You are entitled to any evidence that the prosecutor has that may prove your innocence. This is called “exculpatory” evidence. Your attorney can ask the prosecutor for this evidence or, more formally, file a motion with the court requesting it.

What happens if you get a protective order?

If you have a protective order entered against you, you must follow it to the letter. Any arrest for any reason will make you less sympathetic or believable in the eyes of the judge.

Can you defend yourself at trial?

You can generally defend yourself in two ways at trial. You can argue that the state did not prove its case, or you can argue that you really were the victim of the domestic violence. The state always has the burden of proving that you are guilty of domestic violence beyond a reasonable doubt.

What is willfulness in law?

What Is Willfulness? Willfulness is “…simply a purpose or willingness to commit the act… there is a defense for persons who commit the act through misfortune or by accident when it appears there was no evil design, intention or culpable negligence.”. 2.

What is a serious bodily injury?

A serious bodily injury usually means that the victim suffered an injury necessitating medical treatment or serious impairment of a physical condition. It is also protracted loss or impairment of any function of a bodily member or organ. Examples Include: Broken limb.

Does lack of visible injuries mean domestic battery?

The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.

What is mental illness?

Mental illness. Making false accusations in the past, or. having a motive to fabricate the incident because the parties are embroiled in contentious custody or property distribution battle. This might convince a prosecutor that there is insufficient evidence to convict the defendant and to decline to file the charges.

What happens if a victim has a red mark on her cheek?

If the victim claims the defendant severely beat him or her just minutes before police arrived but he/she only has a small red mark on his/her cheek and no swelling or bruising or other apparent injuries, a defense attorney could argue that the victim was likely not telling the truth about the event.

What is traumatic condition?

The traumatic condition was the natural and probable consequence of the injury. The injury was a direct and substantial factor in causing the condition. For an aggravated domestic violence charge, the intimate partner must have suffered a serious bodily injury. No Willfulness. A prosecutor might feel that the element of “willfulness” is missing.