Unfortunately, divorce and domestic violence often go hand in hand. In some cases, spousal abuse is why divorce proceedings began in the first place. False charges of domestic violence can also be used as a weapon in a divorce by one spouse against another, or as a bargaining chip in a child custody fight.
When police respond to a domestic violence call, they are very likely to make an arrest, just to be on the safe side. Even in strictly “he said / she said” incidents with little or no physical evidence, law enforcement will err on the side of caution and that usually means the accused spouse goes to jail. Whatever the circumstances, domestic violence charges are serious and whether you are convicted or not, they can have lifelong consequences for you and your children.
If you have been charged with battery, assault, child cruelty, terroristic threats, or other crime of violence against a family member or served with a restraining or protective order, contact the Stewart Law Office so that you can understand your options and prepare to defend yourself.
Domestic Violence Crimes
Domestic Violence charges can be misdemeanors or felonies based on their level of severity. A misdemeanor carries up to 12 months of probation supervision, county jail time, or combination of both. Felony level domestic violence charges, such as Aggravated Assault, range from 1 year up to 20 years. A felony sentence is served under probation supervision and can include time spent in a detention center or prison.
With any conviction, there are substantial fines, probation supervision fees, and court costs that can total thousands of dollars. In addition, domestic violence convictions require family violence counseling classes and often times the court will limit or prohibit contact with the victims, including your children. Finally, the social and psychological stigma associated with a domestic violence conviction can impact you, your family, and your financial wellbeing for years to come.
If you are charged with a domestic violence related offense, you need an experienced attorney by your side. The Stewart Law Office will fight to reduce or dismiss the charges against you, to protect the rights of you and your family and to ensure the court hears both sides of the story.
A domestic violence arrest can have an immediate impact on you and your family beyond the criminal penalties. A judge can issue a temporary protective order or temporary restraining order against you that can prevent you from seeing your children or even living in your own home for up to a twelve month period. Again, the courts often err on the side of caution in these matters and without an experienced and dedicated attorney on your side, you can suffer devastating consequences.
The Stewart Law Office knows how to fight against the issuance of these orders, how to effectively argue for their termination and finally, how to work with the prosecutor and the court to avoid unfair results and minimize the impact of such an order on you and your family. If you have had a restraining or protective order issued against you, or worried that you might, contact the Stewart Law Office today.
If you have a family law need and would like to meet with an attorney, I am happy to schedule a free 30 minute consultation. After I’ve had a moment to understand your situation, I will explain your legal rights. Most importantly, you’ll have a chance to tell your story, ask any questions and determine if you feel comfortable with me representing you.