Last Updated on: 2nd October 2023, 06:50 pm
There are times when family arguments get out of hand. It is possible for them result in law enforcement being called. When this happens, it is possible for someone to be charged with domestic violence. It is a criminal charge that is extremely serious as well as being an accusation that is extremely emotional. Once a person has been found guilty of domestic violence, it can have a negative impact on many aspects of their life for a long time.
Consequences
Once a person has been charged with the crime of attacking a family member, they will be facing serious consequences. They may not be permitted to return to their home, see their children and more. It is possible someone made an accusation of domestic violence because they were feeling angry, jealous, spiteful and more. It may be done with the goal of obtaining a better advantage during a divorce. Some make this accusation to obtain a more favorable decision in a custody dispute. Others do it for revenge and more. It doesn’t matter the motivation of a person making an accusation of domestic violence. It doesn’t even matter if the accusation is completely false. Having this charge on a person’s criminal record could significantly harm their life. It is a time when they will need to have the services of an experienced criminal defense attorney.
A Charge Of Domestic Violence In Pennsylvania
There are certain things that are important to know about being charged with domestic violence.
*Domestic violence includes any type of assault on a parent, children, significant others as well as spouse or former spouses. A person can be charged with hurting a member of their family, and they could also be charged for just the possibility of hurting them.
*The Commonwealth of Pennsylvania has recently increased its efforts to decrease situations where domestic violence occurs. A person who is convicted of domestic violence will now have a good chance of getting severe punishment.
*Should an alleged victim ask a court to dismiss the charges, they are likely not going to be dismissed.
*Offenses identified as domestic violence include sexual abuse, simple assault, false imprisonment, aggravated assault, sexual assault, harassment, stalking as well as rape.
*Depending on the situation, a person may be charged with a misdemeanor. Should an injury be experienced by the alleged victim, a person may be charged with a felony.
Domestic Violence Arrest Repercussions
*When a person is charged and convicted of domestic violence, they could be sentenced to prison. They may lose their right to own a firearm. They could also be put on an abuse order (PFA). This could impact their life for up to three years.
*A person under a PFA is not permitted any contact with the alleged victim. This means the person won’t be able to return to their home and more. It is extremely important a person never violate any of the restrictions associated with a PFA. If this happens, a person could be arrested.
*It is possible a person charged with domestic violence will be required to take anger management classes. They may be required to perform community service as well as receive counseling.
*A charge and conviction of domestic violence could harm a person’s reputation. It has damaged relationships with family, friends and more. It has also had a negative impact on the outcome of a person’s divorce or child custody case.
Domestic Violence Is Unique
When there is a domestic fight in a family, the individual who calls law enforcement is in a better position. Law enforcement may not have a witness to the crime. This means they can arrest someone on just what is told to them by the alleged victim. They will look for corroborating evidence including a physical injury and more. In most criminal cases, a person will be permitted to go home after they’ve been given a summons for their day in court. With a charge of domestic violence, a person can’t be released until they go before a judge. Even if the charge is not true, they will still have to spend at least a night in jail. They may not be permitted to return to their home.
The initial domestic violence hearing is intended to determine if a person will continue to be a danger to an alleged victim. A witness advocate or prosecutor may argue the case for the alleged victim. It is important a person charged with domestic violence have an experienced criminal defense attorney by their side. These legal professionals will review the case and have the best possible legal defense ready.