FAQ's of Domestic Violence

Domestic violence law covers all willful acts of violence by a man or a woman on a person with whom he or she is residing as a family or with whom he or she has a child. Police officers are required to write a police report when a domestic violence incident occurs. With sufficient evidence, police officers can make an arrest, and felony or misdemeanor charges may be filed.

Only the District Attorney can drop domestic violence charges, and this rarely happens. Prosecutors understand that permitting an abused spouse to drop charges can lead to a cycle of continuous abuse. The prosecutor will consider the evidence and the victim's willingness to testify, but nearly always, the District Attorney will let the court decide if sufficient evidence exists for a domestic violence conviction.

A number of factors determine the penalties - the severity of the incident, any prior convictions, whether you are on probation or parole, the viewpoint of the community and courts toward domestic crimes, and any mitigating and aggravating circumstances.

Offensive touching is sufficient to result in a battery conviction. A hit, punch or kick is not the only type of domestic assault. Additionally, verbal or mental abuse of a spouse if coupled with threats can result in an arrest and conviction.

Defenses might include self-defense, insufficient evidence, and factual innocence, depending on the facts and circumstances of your case. A thorough examination of all the facts of your case by an experienced domestic violence defense attorney will unearth all possible defenses.

Absolutely! House arrest, electronic monitoring, probation, community service and anger management classes are among the many alternatives.