Committing one of a long list of crimes such as assault, trespass, or burglary against a family member is considered, “domestic violence.” The law then provides for a variety of special procedural remedies, including providing for immediate issuance of no contact orders, which would make it a crime to contact the victim.
The effects of the domestic violence label can continue even after conviction. Thus, vacating a misdemeanor conviction for domestic violence takes five years after completing a sentence, unlike three years for other misdemeanors.
Simply violating a protection order, even one obtained in a civil action like during a divorce is considered a gross misdemeanor. Under some circumstances, for example, if the violation is itself an assault, or if there are prior violations, violating a protection order will be a felony.
The good news is that Seattle domestic violence defense law firm can help a person accused of domestic violence.
Defenses against Charges of Domestic Violence
Before a court will issue a protection order against the offender, the person complaining must show, by a preponderance of evidence more than 50% that the victim did commit a violent act or made a violent threat.
Consent of the protected person is not a defense to a protection order. Therefore, even if the victims are invited to return home, or meet somewhere by someone listed in a protection order, they may be committing a crime.
The person claiming domestic violence, or a violation of a protection order, has the burden of proving it. Seattle domestic violence defense law firm will do the investigation needed to show what actually happened in an alleged incident of domestic violence. Sometimes the initial reports and allegations can be shown to have only a slight connection to real events.
If their client is being criminally prosecuted, Seattle domestic violence defense law firm will scrutinize the government’s conduct and its consistency with constitutional standards. Did they make an arrest without probable cause, or conduct an unreasonable search? If the client was questioned, did the police obey rules against coercive interrogation? Are the police relying on statements that couldn’t be used at trial without violating client’s right to confront their accusers?
Seattle domestic violence defense law firm will look for every opportunity to challenge the evidence gathered against their clients. They will work to keep unfair and unreliable evidence out of their trial.
Even if the case against their client is strong, they can take steps to lessen its impact on their client’s life. If it’s a civil case, they can work with the opposing party, to find alternative methods of resolving conflict. If it is a criminal case, the firms can negotiate with the government in search of a compromise their clients prefer to the risks of trial.
Finally, if it does come to a trial, clients will be in good hands at their hands. They have won many trials and are often invited to teach trial skills to other lawyers.