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
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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. For more details on false allegations of this nature, see "One Million False Allegations of Domestic Violence Each Year, Report Finds". |
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