The Unpleasant Situation Of Being Charged With Domestic Violence

Domestic violence can be one of the most troubling charges in the criminal justice system because it effectively tears a family apart. Domestic violence charges can be considered very serious because defendants are often made to look unsympathetic. Unlike in other criminal cases, the defendant is usually considered guilty until proven innocent. If you have been wrongfully accused of committing domestic violence, locating an attorney that makes this area of law their specialty will be your best measure of ensuring your rights are protected. The battle in court will be a long and difficult road to travel, and having someone to navigate you through the process successfully will be a terrific asset.

You need an Atlanta criminal attorney who is very aggressive because there are special interest groups who will sometimes add to your worries, and often don’t concern themselves with the specifics or who is right or wrong. A defense lawyer with expertise in domestic violence can confront organizations like this and keep them at bay. Many domestic violence cases are intertwined with pending divorce cases and child custody will be involved. If convicted for domestic violence, a defendant may even be prevented from having even partial custody of his children. This is often the most detrimental effect of being found guilty of domestic violence.

In Georgia, as well as in many other states, domestic violence is an enhancement crime. Simply put, that means that if there is a history of domestic violence sentencing will be enhanced, and that with each successive count the penalties will become more harsh. In addition to enhanced sentencing and stiff fines, a conviction for domestic violence can possibly cause you to lose your Second Amendment right to own a firearm, as well as your right to vote. The most important rights that might potentially be at risk are visitation rights pertaining to a defendant’s children, however.

Every case is unique and has its own set of specifics, but in nearly all domestic violence cases a good defense strategy is for the defendant to seek out a psychological profile and attend anger management if relevant. While the most common form of domestic violence is often a husband physically abusing a wife, there are many variations to domestic violence. Other forms of domestic violence include a victim being tormented psychologically, excessive threats and cases of neglect.

If you find yourself charged with domestic violence, whether you are guilty or innocent, there are certain guidelines you should always follow. First, you must always stay composed. If you are instructed to stay away from the victim, you must absolutely comply. If there is a restraining order against you, don’t do anything to put yourself in a position where you will violate the restraining order. Your attorney will likely instruct you to attend counseling and anger management classes and this is beneficial. Lawyers that specialize in this facet of criminal law have seen it all. They have seen men who were completely innocent of the charges and also men who were guilty of committing the offense. In both instances, an attorney will do everything possible to ensure the best possible outcome for their client.