“Domestic Violence” or “DV” cases include many types of cases from misdemeanors to serious felonies. Many alleged crimes can be considered “domestic violence” if they involve family members, spouses, or other persons in a dating relationship or living together. These cases typically involve Assault but may also involve malicious mischief (property damage), Burglary, or other offenses.
These cases usually arise out of a volatile situation, sometimes involving drugs or alcohol, and it is often difficult to determine who is actually at fault and responsible for what happened. Police, prosecutors, and judges are very sensitive to “DV cases” and can often overreact or misinterpret situations. When police are called to a domestic dispute, one person, most often the man, is usually taken to jail and becomes “the defendant,” even though that person may not actually be responsible for what happened. It is very important to have an attorney who knows the system and is able to assess witness credibility issues and subtle details in the evidence to formulate a solid defense and approach to these cases.
Domestic violence cases also include violations of a no-contact or protection order. Because these orders are issued by a judge, only the judge can modify or lift the order. Clients are often unaware that a person commits a crime by violating the order, even if the person protected by the order consents to the contact.