If you have been arrested for domestic violence, it is vital that you speak with an experienced Phoenix domestic violence attorney as soon as possible. Failure to do so could lead to jail time and have a profound impact on your life.
A victim of domestic violence can seek protection under a protective order against their abuser, and an experienced attorney can help you get this order. These orders are issued by court officials and can prevent your abuser from coming near you or contacting you in any way.
In many cases, a domestic violence attorney can also file a civil lawsuit against the perpetrator of the crime to recover damages. These can include medical expenses, lost wages and other costs resulting from the abuse.
The most effective defenses against domestic violence charges are self-defense and establishing that there was insufficient evidence to charge you. This is especially true if there is evidence of false accusations and the claims against you are not valid.
Self-defense is a legal defense that states that the defendant was acting in defense of another person and the use of force was necessary and appropriate under the circumstances. The defendant must demonstrate that he or she was in fear of bodily injury and that the use of force was necessary to stop an attack.
Sometimes, a domestic violence attorney will recommend that the case be dropped if the alleged victim agrees to sign a drop-charge affidavit. However, this can be difficult to do, and it is important that you have an attorney who will defend your rights throughout the entire process.
As a domestic violence lawyer, Belen Olmedo Guerra understands the specialized circumstances surrounding these types of cases. She will fight for your rights, and work with you and your family to find a solution that works for all parties involved.
There are many different defenses to a domestic violence charge, and the specific defense that applies to your case will depend on the charges against you. For example, if the alleged victim has a mental disease or defect that makes him or her unfit to testify, this may be enough to convince the judge that there is insufficient evidence of the crime to charge you with it.
Other common defenses to domestic violence charges are insufficient proof, the accused’s intention to hurt the alleged victim, and police misconduct. You will need to have an attorney who is familiar with the local prosecutors and judges who will be handling your case, as well as the specific laws that apply in your jurisdiction.
An attorney who is familiar with the local courts and prosecutors will know which approach to take in your case will yield the best results. This kind of experience helps ensure that your rights will be respected and that your case will be handled fairly.
Finding the right family attorney for you will help you get through the toughest times in your life. Make sure you hire an experienced Phoenix domestic violence attorney as soon as you can so that you can have the best chance of defending your rights.