if i was accused for domestic violence what kind of lawyer do i need?

Full Answer

Do I need a lawyer for a domestic violence case?

If you do chose to testify, there is probably some sort of Victim-Witness office affiliated with the District Attorney's office that can help you navigate the process without the expense of obtaining an attorney. You do not need to hire a lawyer for the criminal case of domestic violence.

What should I do if I’m wrongfully accused of domestic violence?

Be sure to seek the help of an experienced Florida attorney who understands this type of case to give yourself the tools you need to seek justice. Being accused of any crime can be detrimental, and being wrongfully accused of domestic violence is no different.

Are You being falsely accused of domestic violence?

An accusation of domestic violence can be highly damaging and should not be taken lightly. So, it is vital that you are proactive in making sure your side of the story is heard and understood. In 2020, a national survey found that 20.4 million American adults found themselves being falsely accused of domestic violence.

How do Oakland lawyers handle domestic violence cases?

Most of the time when Oakland domestic violence attorneys discuss domestic violence cases, they do so from the point of view of the alleged abuser. Domestic violence lawyers can help those who have been accused of domestic violence defend against restraining orders and criminal charges.

How do you handle domestic violence cases?

If possible, offer to go along for moral support to the police, court, or lawyer's office. Let the person know they are not alone and help is available. Call the National Domestic Violence Hotline at 1−800−799−7233 for immediate assistance and a referral to nearby counseling services or support groups.

What happens in domestic violence cases Florida?

Domestic Battery is classified as a first degree misdemeanor, with penalties that may include up to one year in jail or twelve months probation, and a $1,000 fine.

How do you win a domestic violence case in California?

Winning a domestic violence case can include getting the case dismissed, getting a “dismissal” prior to the formal filing of charges by convincing the prosecutor not to file charges on the first court date, arranging for a favorable plea deal, winning a legal motion that disposes of the case, or obtaining a favorable ...

How long does the state attorney have to file charges in Florida?

Regardless of the severity of the charge, the state only has 175 days after an arrest to file charges, and that is found in Florida Rule of Criminal Procedure 3.191.

Do I have to go to court as a victim?

If warned to attend court, you are legally obliged to attend. However there is plenty of help and support the Voice and the Court Witness Service can provide to ease you through the process.

How long do you go to jail 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.

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

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 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 to do if your ex-spouse is accused of domestic violence?

If your ex-spouse has accused you of domestic violence or spousal abuse, it’s important to know how to protect yourself against criminal charges and also to understand how that impacts retaining custody of your children. The first step in any case is hire a criminal defense attorney. In Las Vegas, for instance, these types of charges are taken very seriously and can impact your ability to interact with your children in the future.

What is the best way to protect your rights from domestic violence?

In that case, your best option is to hire a domestic violence attorney who will help to ensure that your rights are protected and your children will not be isolated from their rightful guardians.

What to do if your ex-spouse is accusing you of untrue things?

If no formal charges have been filed but your ex-spouse is accusing you of untrue things in a bid to get full custody, a criminal defense attorney may not be the best option. In that case, an experienced divorce lawyer may be all that you need. It’s also wise to compile evidence in your favor if this is the case, as you can show your ex-spouse’s claims to be false in court with evidence of your own.

Is divorce a legal situation?

Divorce is a tricky legal situation, no matter what the caused of the dissolve of a marriage. However, in cases that involve children as well as spousal abuse and domestic violence, dealing with a long and drawn out legal situation after years of abuse can take its toll on your psyche as well as that of your children.

Can you get a false accusation of domestic violence?

There are also many heartbreaking cases where someone may be falsely accused of domestic violence and spousal abuse in a bid for your ex-partner to get custody of the children. These accusations may not be true, but they can tarnish your reputation and also impact your relationship with your children.

Staycie Renee Sena

Ironically, you may need a lawyer if you DON'T want to testify against your husband. If you do chose to testify, there is probably some sort of Victim-Witness office affiliated with the District Attorney's office that can help you navigate the process without the expense of obtaining an attorney. More

Eric J Trabin

You do not need to hire a lawyer for the criminal case of domestic violence. The prosecutor is not your attorney but he is the one trying to convict your husband. The prosecutor makes the arrangement for victims and witnesses to come to court to testify and they will make the needed objections if you are asked inappropriate questions.

What Happens If You Are Accused of Domestic Violence?

If you have been accused of this type of crime, then you may face serious consequences both in the eyes of the law and from the people around you. While this may be a false accusation, it can be taxing to prove that to others, even those you have considered to be friends or loved ones. In your everyday life, some of the repercussions you may experience as a result of this allegation can include:

How long can you go to jail for domestic violence?

Jail time: You may face a minimum of a five-day jail sentence if you have been charged with domestic violence with the intent to intentionally cause someone bodily harm.

What happens if you get caught with a firearm after a conviction?

If you are ever caught with a firearm after your conviction, you will have committed a federal felony.

Can you contact an alleged victim with a restraining order?

No contact order: Whether due to a restraining order or the terms of probation, you may be unable to have contact with the alleged victim.