If you or a loved one has been wrongfully accused or arrested for violent crimes in the home between family member in the Arizona area, the Peoria domestic violence attorneys at Stewart Law Group can help. Learn more about types of domestic violence cases we take here.
Facing charges of domestic violence has a heavy and often stigmatized impact on an individual. The relationship the accused has with the accuser affects the severity of the crime, as does the type of crime. Unfortunately, not all domestic violence accusations are what they seem. Sometimes the violence did not occur at all, or the events described by the accuser are not accurate. Even if the events did occur as described, sometimes the court charges the individual beyond what is legally just.
Not only do these charges affect a person’s freedom and criminal record, they may also affect where he or she can go and when he or she can see loved ones. These rules are in place to protect people, and often they do just that. However, someone wrongfully charged with domestic violence suffers a devastating, unjust impact on his or her life.
If you or a loved one faces charges of domestic violence or assault, seek a criminal defense lawyer in Peoria you can count on. The attorneys at Stewart Law Group are here to help.
Contact the firm today for a free consultation
Over 25 different types of crimes fall under term domestic violence. Our domestic violence lawyers in Peoria defend them all. This includes everything from intimidation, sexual assault, endangerment of another person or child, child abuse to abuse of vulnerable adults. Aggravated domestic violence, a different crime, is not a domestic violence charge. Consult with a Peoria assault lawyer today if you have been accused of an assault in your home.
The relationship between the accused and his or her accuser affects the severity of a crime in a domestic violence dispute. For example, courts view the crime differently if the two individuals are married, in a civil union, or in a domestic partnership. Additionally, relationships between the accused and the accuser matter, whether by blood, marriage, or court order. When children are in play, the charges are more severe, but it does matter if the children are the accuser’s children, in terms of how prosecution and defense both handle the case. Obviously, these cases are very emotional and high stakes, because they decide whether the person if convicted, can see his or her children.
An order of protection (OOP), commonly referred to as a restraining order or a protective order, is an order against the accused by the accuser to prevent contact between the two of them, and potentially any children involved. They differ from broader restraining orders because they are specific to family law. Violating an OOP typically results in more-serious charges for the defendant. If an OOP prevents an innocent defendant from seeing his or her children or loved ones, it is wise to seek legal counsel from an order of protection lawyer in Peoria instead of violating the order to protect oneself against further consequences.
Domestic violence convictions can have serious consequences for your life. If you or a loved one has been wrongfully accused or arrested for a domestic violence crime, the Peoria domestic violence attorney at Stewart Law Group offers free consultations to help. 623-561-8200
What Constitutes Domestic Violence?
Domestic violence applies to any type of violence that occurs between intimate partners or members of the same household. Many types of domestic violence exist, and depending on the severity of a charge, the penalties may be significant.
How To Defend Against Domestic Violence Charges?
A wrongful accusation or a misunderstanding can still lead to serious domestic violence charges and the accompanying penalties. An offender who faces an order of protection or any type of restraining order will need to fully understand and acknowledge the elements of such orders to prevent violations that could incur severe penalties.
Is a Defense Attorney Necessary?
Even if a victim of domestic violence does not want to press charges, the state aggressively prosecutes domestic violence offenses and only the district attorney has the power to drop a criminal case. Although a public defender may offer competent legal counsel at no cost to a defendant, most public defenders handle several cases at once and cannot provide the same level of personalized attention that a private firm can offer.
“If you are in need of a Family Attorney who is kind, knowledgeable, but tough as well then you need look no further. I don’t know what I would have done without Melissa Bower and her team. She explains the process simply and always gives you the truth. I would recommend her highly to anyone”
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October 1, 2019
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