As
a domestic violence attorney, I have worked with clients that have been
accused of domestic violence during their divorce proceedings.
Unfortunately, this is an all too common of an occurrence during
contested divorces. Often when one spouse wants to have an advantage in
a custody case, for example, accusations of domestic violence can
surface. What had been a normal argument or disagreement can be painted
as a violent encounter, regardless of whether it actually was one. If
you feel that your spouse is going down this road, I recommend that you
contact my office to discuss this possibility and to develop a strategy
for protecting yourself.
Although
I will be representing you in criminal law court, a domestic violence
charge and subsequent conviction will influence your case in family
court. For example, if you were to be convicted of domestic violence it
would change your overall custody case and could even lead to the court
issuing orders restraining your from your wife and children; even if
your children were not present. I have seen judges order supervised
visitation merely because someone has been arrested for a domestic
violence crime. Therefore, protecting yourself is important both for
your freedom and for the future relationship you hope to maintain with
your children.
A Domestic Violence Attorney Can Protect Your Rights.
As
a domestic violence attorney, I will work diligently to ensure that
your rights are protected. This starts by discussing with you the
accusations and the alleged incident in question, even if formal charges
have not yet been filed. I will want to know if anyone was present that
could offer an eye-witness testimony and I would discuss any evidence
that may be gathered in your favor. In any criminal case, it is
important to gather evidence that can be presented in a trial in order
to counter what is being presented by the prosecution. Everyone is
innocent until proven guilty and the prosecution has the burden of proof
to demonstrate that you did indeed violate the law. My job is to
provide enough reasonable doubt that a jury would either hesitate to
convict you or acquit you all together. While there is no guarantee of
what the outcome of a case might be, what I can guarantee is that you
will receive the best possible legal defense. This involves spending
the appropriate amount of time in preparation for your trial. Keep in
mind that if you are suspicious that your soon-to-be ex spouse will lie
about domestic violence to gain an advantage in family law court, I can
advise you of your options. I can even talk to the District Attorney’s
Office BEFORE formal criminal charges are filed; possibly saving you the
embarrassment of a public criminal allegation.
When to Contact a Domestic Violence Attorney:
If
you believe that you might be accused of domestic violence, you should
call my office right away. It is never too soon to start preparing for
this possibility and the additional time allows for additional
preparation. Remember that everyone is innocent until proven guilty but
that also means that innocent people can be arrested, charged and tried
for a crime. Do not take your freedom and reputation for granted but
instead, work with an experienced attorney that can protect your rights
under the law.
