How to Fight Domestic Violence Charges and Protect Your Rights
Facing domestic violence charges can turn your life upside down in an instant. Allegations often carry significant social stigma, even before any legal decision has been made. If you’re accused of domestic violence, you must act quickly and strategically to defend yourself.
At Brian J. Lockwood LLC, criminal defense attorney Brian J. Lockwood is committed to protecting your rights, providing honest legal advice, and helping you make informed decisions during one of the most challenging periods of your life. Call his firm for domestic violence defense in Mobile, Alabama, and surrounding areas.
Understanding Domestic Violence Charges
When someone faces domestic violence charges, they’re not only fighting against potential criminal penalties but also the possibility of long-term consequences in their personal and professional lives.
Domestic violence allegations can include accusations involving spouses, dating partners, roommates, or family members. Depending on the severity of the situation, the charge may range from a misdemeanor to a felony.
It's important to understand that law enforcement officers often arrest someone on the spot if they believe domestic violence may have occurred. In many cases, even if the accuser wishes to drop the charges later, the prosecution can still proceed independently.
Working with a criminal defense attorney promptly helps build a strategy to address every aspect of the case before it escalates.
Do This Immediately After Being Charged
Taking the right actions immediately after being charged with domestic violence can significantly impact the outcome of your case. Mistakes made early on can cause lasting damage that’s difficult to undo later.
Contact an attorney immediately: Seeking advice from an experienced lawyer early provides you with critical protection from the outset.
Don’t contact the alleged victim: Trying to explain or apologize can be used against you and might violate any existing protective orders.
Gather potential evidence: This can include text messages, emails, photos, and witness statements that may support your side of the story.
Follow all court orders carefully: If a protective order or bail conditions are in place, it’s essential to comply to avoid further legal trouble.
Write down your recollection of events: Memories can fade; a written record provides your attorney with important details to support your case.
Common Defenses Against Domestic Violence Charges
Several defense strategies may apply depending on the facts of your case. Choosing the right approach requires a careful review of all available evidence.
Self-defense: You have the right to defend yourself, provided your actions are reasonable and necessary to protect against harm.
False allegations: Sometimes, accusations are motivated by anger, jealousy, or attempts to gain leverage in divorce or custody disputes.
Lack of proof: Prosecutors must prove the charges beyond a reasonable doubt. If the evidence is weak, your criminal defense attorney can push for a dismissal.
Accidental injury: Not every injury is the result of intentional violence. Accidents do happen and can sometimes be misinterpreted as abuse.
Violation of rights: If law enforcement violated your constitutional rights during an arrest or questioning, it could weaken the prosecution's case against you.
A skilled criminal defense attorney can evaluate which defenses are most suitable for the circumstances and develop a strong strategy around them.
How Protective Orders Affect Domestic Violence Cases
Protective orders, sometimes called restraining orders, are often issued alongside domestic violence charges. These orders limit your ability to contact the alleged victim and may restrict you from returning to your home or seeing your children.
Protective orders can influence your case in the following ways:
Impact on custody rights: Courts may use protective orders as evidence in custody disputes, making it harder for you to maintain relationships with your children.
Influence on plea deals: The existence of a protective order can sway negotiations toward harsher penalties or stricter probation terms.
Additional criminal charges: Violating a protective order can result in separate criminal charges that may carry additional jail time.
Your attorney will help you understand the specific conditions of any protective orders and how they fit into the broader defense strategy.
Why Hiring A Criminal Defense Attorney Matters
Hiring a criminal defense attorney early in the process can make a substantial difference in the outcome of your case. Domestic violence cases often rely heavily on emotional testimony and can lack clear physical evidence, making strategic preparation critical.
Here's what a criminal defense attorney can do for you:
Investigate your case thoroughly: Lawyers gather all available evidence, interview witnesses, and look for inconsistencies in the accuser’s story.
Challenge evidence in court: If evidence was collected improperly, your lawyer may be able to have it suppressed.
Negotiate with prosecutors: Your attorney could negotiate for reduced charges, pretrial diversion programs, or alternative sentencing options.
Represent you at trial: If your case goes to trial, your lawyer presents your side clearly and persuasively to a judge or jury.
Protect your rights: From questioning to court hearings, your attorney confirms your constitutional rights are respected at every step.
Working closely with a criminal defense attorney like Brian J. Lockwood gives you the support you need to face the process head-on.
The Consequences Of A Domestic Violence Conviction
Domestic violence convictions can have serious legal and personal consequences. Beyond jail time and fines, a conviction can affect your life for years to come.
Criminal record: A conviction will appear on background checks and can limit future job prospects.
Loss of gun rights: Federal law prohibits people convicted of domestic violence from owning or possessing firearms.
Custody and visitation issues: Courts may limit or supervise your ability to see your children.
Housing challenges: Some landlords refuse to rent to individuals with a history of violent criminal convictions.
Damage to reputation: Social stigma following a conviction can impact personal relationships and community involvement.
A criminal defense attorney will work hard to avoid a conviction or minimize its consequences wherever possible.
Plea Deals And Alternative Sentencing Options
Not every case goes to trial. Depending on the specific facts, accepting a plea deal or participating in alternative sentencing programs may offer more favorable outcomes.
Pretrial diversion programs: Some jurisdictions offer first-time offenders the chance to complete counseling or anger management courses in exchange for having charges dismissed.
Plea agreements: Pleading guilty to a lesser charge, such as disorderly conduct, may significantly reduce penalties compared to a conviction for domestic violence.
Deferred adjudication: In certain situations, the court may postpone issuing a conviction, provided specific conditions are fulfilled, such as the successful completion of probation.
Your attorney will carefully review all available options and advise you on whether accepting a deal is in your best interests or whether fighting the charges offers a better chance of protecting your rights.
Tips For Working With Your Criminal Defense Attorney
Building a strong relationship with your criminal defense attorney is vital to the success of your case. Honest communication and active participation can make a meaningful difference.
Be honest: Always provide complete and accurate information, even if it seems unfavorable.
Ask questions: Understanding the process helps you make informed decisions about your defense.
Follow your attorney's advice carefully: Their recommendations are based on years of training and experience.
Stay involved: Attend all court dates, participate in your defense, and stay updated on your case’s progress.
Respect confidentiality: Anything you share with your lawyer remains confidential, so be open about your concerns and questions.
Building trust with your criminal defense attorney is essential to crafting the most effective defense.
Clearing Your Record After Domestic Violence Charges
If your case is dismissed or you’re found not guilty, you may be eligible to have your record expunged. Expungement erases records from public view and helps you move forward without the burden of a criminal charge lingering over you.
Important points about expungement include:
Eligibility varies: Not all charges qualify for expungement. Your lawyer can explain what options are available based on your case.
Waiting periods may apply: Some jurisdictions require a waiting period after dismissal or acquittal before you can apply for expungement.
Filing procedures: Applying for expungement involves filing specific paperwork with the court and may also require attending a hearing.
Discuss expungement with your criminal defense attorney as soon as your case concludes to find out what steps you need to take.
Reach Out To a Criminal Defense Attorney Today
If you’ve been charged with domestic violence in Mobile, Alabama, or surrounding areas, don't wait to get legal help. Experienced criminal defense attorney Brian J. Lockwood, LLC, will stand by your side and strive to protect your future. Contact him today to schedule a confidential consultation and start the process of fighting for your rights and future.
