Domestic violence cases are a special case brand in Prince William County, VA. If a household places a 911 call with a complaint of violence when the police officer arrives, someone must get arrested, even when both parties have calmed down and pleaded that no arrest be made. Law enforcement, prosecutors, and judges are very cautious when handling these cases and will quickly make arrests to apply for restraining orders. Domestic violence is assault and battery against a family or a household member.
Persons facing allegations of assault and battery against a family member may be required to go on local community-based probation or other related programs.
Given the numerous severe consequences that a domestic violence conviction presents to the accused, it is vital to find an experienced lawyer.
The most important step an individual can take to help their domestic violence case is:
Some of the most critical pieces of evidence involved in a domestic violence case are:
If a defendant admitted to the charge when initially confronted by the cops. And if the prosecution has pictures of injuries sustained by the alleged victim from the same time. Then the testimony of the alleged accuser might not be needed for the trial to proceed with charges, despite the alleged victim’s wishes.
When the prior statements of each party are vague, the original 911 phone call recording could become a crucial piece of evidence, as well as the alleged victims’ trial testimony.
When your lawyer determines that the police report is consistent with your defense, they will gather evidence to reinforce it. Domestic violence defense falls into the:
Self-defense is one of the most common domestic violence charges. Virginia state law allows a person to repel improper physical contact with reasonable force. If a person honestly and reasonably perceives bodily harm by another.
However, the person who generates a confrontation can’t claim self-defense except when one has tried to retreat to de-escalate the confrontation before resorting to force. Moreover, the force used during self-defense must also be reasonably proportionate to the threatened harmful contact.
Another defense a defendant can use in Prince William County, VA, is the defense of others. This strategy posits that a person can defend another only insofar as the other person can defend themselves under the normal standard of legal self-defense. An attorney may also dispute the familial status of the alleged victim to the defendant in charges.
Suppose you are facing allegations of household abuse. In that case, it is essential to hire a lawyer immediately for several reasons. These cases are usually emotionally charged, and the defender can make the matter worse by leaving angry messages on voicemail.
Having a domestic violence attorney in place can help you negotiate better. And more liberal restraining orders with the prosecutor by providing pertinent information that the prosecutor would otherwise not know.
Call an experienced lawyer at NOVA Criminal Attorney of Jad Sarsour for legal representation.