Defending Domestic Violence Allegations Today Is Much Different

Domestic violence charges are handled much differently today than in the past. A victim can no longer have a change of heart and drop the charges as in the past.

Friendswood, United States - August 6, 2018 /PressCable/ —

In the past a victim of domestic violence could file charges and then have second thoughts and sign an affidavit for non-prosecution. In many cases it was like a swinging door for abusers.

The cycle of domestic violence is typically verbal abuse, physical abuse, apology from abuser with commitment to never do it again, a honeymoon phase followed by yet again more abuse which gets worse over time and never better, and in many cases, ends in death. Sometimes the victim may feel the violence is their fault.

Today things are different, thanks to O.J. Simpson. Sadly, Nicole Brown Simpson would call the police when she felt in danger, but then go down to the district attorney’s office and sign an affidavit asking for the State to “drop” the charges. Today it isn’t so easy to have the charges dropped.

Knowing more today about domestic violence, State prosecutors now look for ways to prove the criminal allegation without bringing the victim to testify if she is unwilling to do so. The intent is to help a true victim of domestic violence who may not be able to help herself. Many victims stay with their abuser out of fear or financial necessity. The District Attorney’s office has resources for these women who need not only help in making her escape financially, but mentally and emotionally, as well.

To prove a domestic violence case without the victim testifying at trial, prosecutors will listen to the 911 call, look for statements the victim made to the police at the scene while she was under the influence of the situation (a hearsay exception), review photographs taken of the victim, obtain medical records, if any, and look for statements made to treating medical staff. All these tools can be used to move forward even when the victim does not want to prosecute.

What if the client is truly innocent? Clients may say, “I was just trying to get my keys and leave, and she would not let me leave. I just pushed her out of my way.” Or, “she called the police out of spite because I was leaving, and she did not want me to leave.” Or “She was hitting me, and I just grabbed her wrists to make her stop. There have also been false allegations brought against some clients because it gave leverage in family court when child custody is at stake. It is important to look at the alleged victim’s motive when defending an innocent client

Regardless, once the police are called, someone is going to jail. Once arrested, the State prosecutor will ask the magistrate judge to enter an emergency protective order that is good for 61 days. The protective order will order the client to stay at least 200 feet away from the place of residence and place of employment of the alleged victim. This is typically an issue for a client who owns the home in which the alleged victim lives, but now he cannot go home because of the protective order.

These types of cases are highly sensitive, and they are taken very seriously. Even if the complainant wants to sign an affidavit and “drop charges,” that does not mean the case will get dismissed. It is very important to get the right attorney from the very start, an attorney who handles the defense of domestic allegations regularly. There are far-reaching implications because of plea bargaining domestic violence cases, including loss of gun rights and being labeled as a domestic abuser. It’s vital that you hire the right criminal defense attorney. To learn more, click here. An attorney practicing outside their typical realm of law will not know the necessary intricacies that could affect someone for the rest of their life. Undoubtedly, these are expensive cases to defend, but the right attorney is well worth the money. You will be glad you paid for a proper defense.

HHouston area criminal defense attorney, JL Carpenterhas defended many clients accused of domestic violence and has an outstanding track record. If you want to know what her clients have to say, click this link.

Contact Info:
Name: JL Carpenter
Email: jl@jlcarpenterlaw.com
Organization: JL Carpenter Law & Associates
Address: 1506 Winding Way Drive Suite 504, Friendswood, TX 77546, United States
Phone: +1-713-201-6767

For more information, please visit http://www.jlcarpenterlaw.com

Source: PressCable

Release ID: 388045