Domestic Battery

We wrote the chapters on Defenses, Arrests and Investigatory Stops, and Search and Seizure!

We wrote the chapters on Defenses, Arrests and Investigatory Stops, and Search and Seizure!

In recent years, media attention has caused prosecutors to treat domestic violence crimes with new urgency. As a result, the penalties for a domestic violence charge are more severe and have repercussions far beyond what a defendant may have imagined.

For example, unlike many misdemeanors, any guilty plea for domestic battery is treated as a conviction. In other misdemeanors, a plea of supervision is not considered a conviction and need not be disclosed as such. Also unlike many misdemeanors, you cannot expunge a domestic battery plea from your record.

Besides the criminal repercussions, domestic violence is a crime bearing substantial stigma. Newspapers give increased coverage to these cases. Many local newspapers report the names of individuals charged with a crime in their police blotters, and there is no legal way to stop them. Computer searches can turn up the news stories about the crime for years to come. As a result, some of my clients have experienced harassment even though they did not commit a crime

In many instances, an order of protection or “no contact” order is also issued. Generally, the order forbids even third party contact with the complaining witness. A misunderstanding about these terms can lead to a violation of the order and a separate set of criminal charges. A qualified attorney can help you avoid these pitfalls through better understanding of your order.

While press reports show that the United States has a tremendous problem with domestic violence, this is also an area prone to false allegations. Sometimes, a domestic violence charge can be used to gain an advantage in a divorce. Especially if you are falsely accused of striking a family member, call me immediately for a consultation.

©2014 Matt Keenan. This website is designed for general information only. The information presented at this website should not be construed as formal legal advice nor the formation of a lawyer/client relationship.