Domestic Violence
Domestic Violence Legal Defense
Domestic violence charges can be complex and multifaceted, often involving physical, emotional, and psychological abuse. These charges commonly include assault & battery, harassment, stalking, and violating protective orders. Examples of conduct that can lead to a domestic violence charge can range from physical altercations to threatening communications to the persistent following of an individual.
The nature of these cases frequently leads to high-stress legal situations with a lot on the line; which is why you should never roll the dice on going through the legal process alone or hiring sub-par legal support to represent you.
What can you expect when fighting Domestic Violence charges?
What should you do and what should you not? In this video, Attorney Mark Caldwell explains the four potential legal scenarios you could be facing as well as practical advice on how to approach each one.
When I get a phone call regarding a domestic violence charge, there’s a lot of defense possibilities that we have. One of the biggest opportunities that people can take advantage of is the diversion program. This is called a 7694A diversion.
How the program works is that you first must have to be accepted into it. To be accepted into it, you have to have approval from the victim of the domestic violence. If the victim will not approve of it, then you’re not going to be accepted into the diversion program.
How the diversion program works is they put you on probation, which is typically for one year. After you successfully have completed probation, then the charge goes away like it they never happened. I would say about 80% of the cases I get for domestic violence end up in the diversion program – which is a very positive outcome for my clients.
Another strategy I’ll use with a client is to try to get the case dismissed. In order to get the case dismissed, you have the prosecutor, the judge, AND the victim on board. This dismissal process is called a “control non-jury” as we set it up for a non-jury trial. The first thing that happens here is that they subpoena the victim. If the victim does not show up from the subpoena, then the case will be dismissed. However, under a subpoena, the victim will be threatened with jail time and/or fines if they fail to comply. So a lot of people are afraid to NOT show up on the subpoena, but it’s important to know the option still exists.
But again, you have to have the prosecutor and the judge on board for dismissal. And sometimes, if the prosecutor is really gung-ho, they’ll re-subpoena the victim and set it for another court date.
Additionally, the other option on a domestic violence case is going to trial. If you go to trial on it, obviously you’re not getting a diversion. And if you go to trial on it, you also risk getting a harsher punishment from the judge. So you need a strong case if going this route.
Typically, the best kind of case is to take to trial for domestic violence defense are the “he-said, she-said” kinds of scenarios, meaning:
- There were no witnesses
- There are no injuries that are visible
That would be a case where we would probably be successful at trial.
The only other option if you don’t go to trial is pleading straight up to the domestic violence charge. When you plead straight up in a domestic
violence case, you’re still looking at typically around 12 months of probation,
and then community service on top of it.
With the domestic violence cases, you’re also going to have a “no contact order.” Typically, that order stays in place for the duration of the case. Sometimes it can be taken off while the case is pending. However, the victim
would have to show up in court to let the judge know that they want
the no contact order. Most judges will not release the no contact order until at least the sentencing date, and some judges will even keep the no contact order in place during the duration of probation.
Why Contact Domestic Violence Defense Attorney Mark Caldwell?
No judgement. No waiting for weeks for a callback. No overcharging. Just an advocate in your corner fighting for your rights.
The Legal Process
Fighting a domestic violence charge typically involves several critical stages. Initially, the process begins with an arraignment where the defendant is formally charged and allowed to enter a plea. After that, there will be pre-trial motions and hearings, during which evidence is presented and evaluated. This phase is crucial for both sides, as it determines what information will be admissible in court. Finally, if the case proceeds to trial, each side presents their evidence and arguments before a judge or jury, who then render a verdict.
Understanding Domestic Violence Charges
When one is charged with domestic violence, the implications extend beyond criminal penalties to affect one’s life profoundly, including restraining orders, loss of child custody, and damage to one’s reputation. An effective defense requires a thorough understanding of both the legal aspects and the personal dynamics involved in such cases.
How Domestic Violence Lawyer Mark Caldwell Can Help You!
Mark Caldwell is an expert in domestic violence law with a track record of providing robust defense for his clients. His extensive experience in handling such cases allows him to offer tailored strategies that best protect the rights of the defendants. Here are specific ways Mark Caldwell can assist:
If you or a loved one is facing domestic violence charges, securing expert legal representation is crucial. Mark Caldwell’s dedication to defending his clients and his comprehensive knowledge of domestic violence law can make all the difference in protecting your rights and securing a favorable outcome. Contact Mark Caldwell today to discuss your case and explore your legal options.