Many of you have known an individual that has been charged with or was the victim of domestic assault. Once the police make a determination that one or both of the parties to the dispute have committed an assault, they make an arrest. The consequences that follow can be life altering.
The defendant is booked into jail and held for 12 hours before they are eligible to be released. In addition, they are barred from contact with the alleged victim and, in some cases, their own children. They must also find another place to live until the criminal case sorts itself out. If convicted, the defendant often serves a sentence that can include jail time, court costs, probation, a lifetime ban on possessing a firearm and a permanent mark on their criminal history.
While many people legitimately need the protection of the court system from family violence, domestic assault charges and orders of protection are frequently abused elements of our justice system. Sometimes, there is no physical evidence and the police and courts must rely on what the parties report. This inherently unreliable evidence can result in the prosecution of innocent people. The motive to lie in these scenarios is also quite strong due to ulterior motives and the consequences that follow the defendant.
True victims of abuse should always seek protection through the court system. But any person wrongfully charged with domestic assault must seek an experienced criminal defense attorney to make sure the lies are exposed.