Domestic Violence

Domestic violence, which can be charged as either a misdemeanor or a felony, is a crime that has two parts to it. The first part is the requirement that one of certain specified relationships exist between the person charged and the person who is alleged to be the victim of a crime. Married or formerly married, having a child in common, living together and blood relationships to a certain degree are all examples of the relationship requirement. The most common crimes that I see year after year are assault, criminal damage, disorderly conduct and contributing to the delinquency of a minor.

Here’s an example: husband and wife are yelling at oneanother in front of their children. One pushes the other, the other kicks a planter, breaking it. Each have committed disorderly conduct and, because it’s in front of the children, contributing. One has committed assault, the other criminal damage.

If you’re convicted of domestic violence, either by pleading guilty or losing at trial, you will lose your right to bear arms. Such a conviction can also have serious side effects: you may be ordered to stay away from your home, your spouse, your children. Of equal importance is the fact that evidence of domestic violence, conviction or no conviction, must be considered in custody determinations. I have been handling such cases since the statute became law and would be happy to help you should you be charged.

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