Domestic violence charges generally cannot be dropped by the victim. Similarly, Restraining orders can not be dropped until they are removed by the court. In some states, domestic violence convictions can be sealed or expunged, however in most places once a domestic violence conviction is on someone’s record it is there for good.
What do people do to make domestic violence or restraining order situations worse?
The first thing individuals do to hurt their case violates the restraining order, which is the worst thing they can do because then they are dealing with a civil lawsuit rather than a criminal matter. They would have to deal with not only the family court problem, but also criminal prosecution for breaking the restraining order, and a second violation would result in obligatory prison time. It would not be a question of days in prison; it would be a minimum of six months to 18 months in jail. Violation of a restraining order is a fourth-degree crime.
The second mistake individuals make is attempting to do things for themselves. There are no boundaries to what individuals can do, and when dealing with the emotions of a relationship, very few people have the fortitude to always do the right thing, unless they are instructed on what to do. The most common errors include making contact with the victim, attempting to do things on one’s own, and failing to understand the restraining order.
Find an attorney and interact with him or her – This is critical. You need the services of a New York divorce attorney who is experienced in handling sensitive cases such as yours. In a domestic violence scenario, you should also inform your domestic violence lawyer about what occurred and ask if they can assist you in obtaining a restraining order if required.
What are the long-term and short-term consequences of a domestic violence conviction?
The implications begin with being fingerprinted and being added to the database’s domestic violence restraining list. They may then be barred from ever having contact with the person protected by the injunction. They may never be allowed to own a firearm or weapons again, which might have serious consequences if the person restrained was also a police officer, for example, since losing the right to possess a handgun would mean losing their employment.
What is the most common defense in domestic violence cases?
If you are charged with domestic abuse, you face significant consequences—but keep in mind that being suspected of a crime is not the same as being convicted of a criminal. While it is common to feel stressed and anxious following an arrest, it is critical that you find a Barnstable domestic violence attorney as soon as so that you can begin preparing your domestic violence defense.
The following are some of the best possible defenses:
Self-defense or other people’s defense: You may use reasonable force to halt an assault if you are defending yourself or another family or household member. It is critical to understand that you cannot claim self-defense if you initiated or intensified the situation issue.
False accusations or a changing tale: There are several reasons why a member of your family can make a false accusation of domestic violence against you. It’s possible that they’re trying to influence a custody battle or the divorce proceedings in some manner.
You have a convincing explanation: This is a rather basic line of defence. If you are able to demonstrate that you were not there at the alleged occurrence or that you did not participate in any acts of violence, the evidence that is being used against you will be less convincing.