Domestic violence is not split into one statute, but relates to several statutes including assault, sexual assault, false imprisonment, and stalking. Assault, including aggravated assault, is a common criminal accusation charged as domestic violence.
A domestic violence dispute that involves calling law enforcement can quickly escalate out of the control of the concerned parties, including the victim. A police officer will nearly always conduct one or more arrests during a domestic assault, and he may do so without an arrest warrant if he has a reasonable suspicion. The authority for the case is placed in the hands of the district attorney's office, and the victim may not elect to drop the charges.
Philadelphia Domestic Assault Lawyer
If you have been arrested for domestic assault, call Lento Law Firm for a strong defense. With one phone call to (215) 535-5353, we will set up a free, no-obligation consultation to review your charges, the details surrounding the incident, and where the case will go from here. It is imperative that you have a defense attorney who will prep you before court appearances and lay out all of the options before any decisions are made.
Call Lento Law Firm today if you are facing domestic assault charges in the Philadelphia area.
Info on Domestic Assault
Special Police Powers for Domestic Assault Investigations
Police may arrest an individual without a warrant in a domestic violence case that involves involuntary manslaughter, simple assault, aggravated assault, reckless endangerment, terroristic threats, and stalking, but they must observe recent physical injury to the victim or other corroborative evidence.
The police must seize all weapons used in the commission of the offense.
Bail conditions may be set so that the suspect is required to stay away from the victim's residence and place of business. The suspect may not conduct any further criminal activity against the victim. When cohabitating, being forced to stay away from your residence can be costly and difficult. A defense lawyer will present their client as posing no threat to the victim in order to limit burdensome bail conditions. Any violation to bail conditions may result in an arrest warrant and the forfeiture of bail.
Protective Orders for Domestic Assault
The victim of a domestic assault dispute may seek an order for protection, which could also require the defendant to leave the household and stay away from the victim's person at all times. Child custody may be granted based on a protective order. Additionally, the court may order the defendant to fulfill existing child support obligations.
A protective order may also remove the defendant's right to possess a firearm in cases of stalking and aggravated assault. The judge may also require the defendant to pay restitution of some form to the victim.
A violation of a protective order will result in an "indirect criminal contempt," a sentence of up to six months in jail, and a $1,000 fine.
Defending Domestic Assault in Philadelphia
Lento Law Firm has many years of experience representing clients in Philadelphia. The penalties for domestic assaults can range into serious felonies and demand a qualified defense attorney to rigorously question the claims brought by the state and its witnesses.
Call us at (215) 535-5353 to schedule a free, first consultation. We can discuss your case and advise you on what to do immediately to avoid exacerbating or falling foul of the law.