Defending Domestic Violence Charges in Fairfax
If someone is charged with domestic violence, they are facing serious consequences in Virginia. It is something that can have short-term consequences for their family and themselves as well as long-term consequences for an individual and their family. A dedicated attorney understands the local policies and can create a strategy for defending domestic violence charges in Fairfax. It is essential that those charged contact a domestic violence defense lawyer right away.
If you are facing charges for domestic violence, it is imperative that you consult an experienced defense attorney. When an attorney is defending domestic violence charges in Fairfax, they will examine the evidence and facts of the case, prepare you for a hearing, and created a solid strategy. These charges can have long term impacts and consequences. It is important to have a lawyer while you are building a strong defense against domestic violence charges.
Consequences of Charges
The short-term consequence of a domestic violence charge is that the court may enter a protective order that is going to tell the person to stay away from the accuser in the case. It may be a spouse or it may be a domestic partner. That can also mean that the person is not going to be able to go home because the court will, even just on a temporary basis, order the possession of that home or a shared vehicle be given to that other person. The court can also order the defendant to not have any contact with the alleged victim’s household or family members. A person may be ordered to stay away from their own children or other family members in the short term.
In the long term, a domestic violence charge is not the thing that someone wants to have on their record. It is the thing that can cause a problem for employment in the short term as well as in the long term. It is also something that can cause someone problems in a custody or visitation case, either immediately or in the future.
Building a Defense
There are a number of steps that an attorney would recommend people take in any domestic violence case. The first is to begin compiling evidence for purposes of the trial, anything that is going to tend to prove the defendant’s version of events and anything that is going to undermine the complaining witness’ version of events. Also, mitigation could be important in domestic violence cases. In many cases, if a person is able to do work before a court that could convince the prosecutor that the case should be dropped or reduced, then that can be beneficial. For example, having counseling classes done, taking a domestic violence class in advance, or other actions can be beneficial to a person’s case.
It is important to know what evidence is going to be used against the defendant in their case. It is also important to know what evidence there is on statements that are made by the accused. Also, any physical evidence or any audio or video evidence are going to be important.
In a domestic violence case, the government has to prove that there was an assault or a battery in which, at the most basic level, involves an unwanted touching with the intent to do harm. A skilled attorney knows strategies for defending domestic violence charges in Fairfax and can ensure that the person understands their legal rights during the case. Some of the common defenses are going to include that there was not a touching, or that it was authorized, or that it was not done with the intent to do harm. Affirmative defenses can include consent as well as self-defense or defense of others.
What Constitutes Self-Defense in Domestic Violence Cases?
Whenever a person is faced with an imminent threat of a battery happening to them or if a battery is happening to them, then they have a privilege to use violence or to batter the other person to a reasonable degree necessary to stop them. There are two components to it. The first is that the privilege has to exist because of some violence, either immediate or threatened. The second part is that the person has to remain within the scope of that privilege and respond in a proportional way. In other words, if someone slaps an individual in the face, the person has the right to essentially batter them in turn enough to make them stop. They do not have a privilege to stab them with a knife or to shoot them. That would be going beyond the scope of their privilege to defend themselves.
Defense of others is virtually identical to self-defense except for one key difference. Defense of others is the idea that if a privilege exists for them to use self-defense, then a third party can essentially step into their shoes and also defend them against either an imminent or an ongoing harm but also must remain within the scope of that privilege and only respond in a proportional, reasonable way.
Benefits of an Attorney
It is beneficial to use a local lawyer because one of the key advantages that can be brought to bear in any case is knowledge of the judge, the prosecutor, police, and other people who are involved in the prosecution of the case. Knowing how the various individuals are going to respond in situations, in certain arguments, what tactics might be used by a prosecutor, what weaknesses they may have can all be key parts of a successful strategy to get a person the best result possible in their case.
If you are facing domestic violence charges, it is imperative that you speak with an experienced defense lawyer right away. A knowledgeable attorney has experience defending domestic violence charges in Fairfax and can determine the best course of action.