Domestic violence is a touchy issue because while it is a very serious crime, even a false allegation can get you arrested. In order to ensure all victims are protected, the police generally assume the “victim” is telling the truth and take action against the “abuser.” If you have been accused of domestic violence, your best defense is a skilled Vista domestic violence lawyer like Peter Liss.
Understanding Domestic Violence Charge
Domestic abuse occurs when one person harms someone they are involved in a romantic or sexual relationship with. This can be a current or former spouse, fiancé, sexual partner or co-parent of a child. It is important to recognize that while the law protects those living together in a romantic context, even if they have not had sexual intercourse, roommates are not protected by the law. Additionally, the romantic or sexual involvement must be genuine and not involve financial gain, so prostitutes are not protected by the law.
While many people envision domestic violence as something a man does to a woman, it can also occur in same-sex relationships and in male/female relationships, the woman can also be the abuser and the man can be the victim.
Domestic violence is a very serious crime that can affect children and couples in any type of intimate relationship. If children are present during the attack, child endangerment charges can be brought up even if they were not touched during the incident.
It’s worth noting that the district attorney may file charges in domestic violence cases, even if the victim says they do not want to press charges and sometimes even if the victim recants their statement. That is why you need to hire a domestic violence lawyer in Vista as soon as you are accused of the crime, even if you believe your partner would never press charges against you.
Consequences of Domestic Violence Charges
Domestic violence can be charged as a felony or misdemeanor and the consequences of a domestic violence charge are drastic. If you are convicted of a misdemeanor, you could face up to a year in jail. If you are convicted of a felony, you could be imprisoned for up to four years. While a top Vista domestic violence defense attorney may be able to have the charges reduced from a felony to a misdemeanor, either way, you will likely also be forced to take part in mandatory counseling, community service and be issued a restraining order to stay away from the victim. You will also permanently lose your right to bear arms and a conviction will also affect your right to serve in the U.S . Military.
These charges are particularly difficult for the defendant because the prosecutor may press charges even if the victim does not want you to be prosecuted or recants. Even if the allegations are false, you may still be charged and forced to defend yourself in court. When you have been accused of domestic violence, it is critical you immediately contact a Vista domestic violence attorney who can defend you against these charges. Please call Peter M. Liss at (760) 643-4050 to schedule a free initial consultation.
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