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Domestic Violence

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DOMESTIC VIOLENCE AND RELATED OFFENSES

Domestic Violence (DV) offenses include, but are not limited to: Corporal Injury to Spouse or Cohabitant (PC § 273.5), Domestic Battery (PC § 243(e)), Child Endangerment/Abuse (PC § 273a/d), Elder Abuse (PC § 368), Criminal Threats (PC § 422), Sex Offenses.

Domestic Violence offenses are considered “crimes of moral turpitude/violence” and a conviction on your criminal record can effect various aspects of your life including future employment, state licensing or certifications (contractors, teachers, nurses, physicians, real estate agents, etc.), travel to and from foreign countries, and immigration status.  I am offering you a free initial consultation so we can discuss the following:

  • Court procedures and penalties, including:  Deferred Entry of Judgment (DEJ), Reduction to an Infraction, Prior DV History, Immigration Consequences (Deportable Offenses), Future Employment and Post Conviction Expungement/Relief, Firearms Ban, 52 week Domestic Batterers Course, Restraining Orders (No Contact / Peaceful Contact);
  • Possible defenses include: Self Defense, Accident, False Allegations, Recanted Allegations;
  • Costs of retaining this law firm; and
  • How to minimize the effect of a DOMESTIC VIOLENCE RELATED arrest on your life.

If you have not already retained an attorney, call my office as soon as possible.  We can discuss the circumstances of your arrest, and if I represent you, you may never have to appear in court.  My offices have day, evening, and weekend appointments available.  If you choose to retain our firm, we can offer you a payment plan for our services.

Because the legal system is extremely complex, we do not suggest that you represent yourself.  If retained as your attorney, I will defend your rights.  You are charged with a serious criminal offense for which you may be sentenced to jail or prison.  While the outcome of a criminal case is always uncertain, you can be assured that I will put forward my best efforts on your behalf.  Please do not hesitate to call Nicholson Law Offices.

 

DOMESTIC VIOLENCE DISCUSSED

The landscape for the way Domestic Violence cases are handled has seen a dramatic change in recent years.  The structure of prosecutors’ offices, courtrooms, and judges have been altered to handle Domestic Violence cases.  There are entire prosecutor offices, courtrooms, and judges assigned to solely handle Domestic Violence cases.  Domestic Violence has become a very politically popular crime to prosecute.

Domestic Violence charges can have far reaching ramifications which can effect everything from your personal freedom to child custody, if you have children.  Protect your rights with competent representation.  For these reasons, we also handled Family Law issues in order to provide representation for all of your legal needs.

When spouses, intimate partners, or dates use physical violence, threats, emotional abuse, harassment, or stalking to control the behavior of their partners, that are committing domestic violence.  Often times there is more to the sequence of events that led to an arrest and the filing of criminal charges.  These facts are extremely important to the defense of these Domestic Violence charges and are ignored by the police and prosecutors.

Further, it is common in Domestic Violence cases for to “overcharged” when they seek to prosecute a Domestic Violence.  Overcharging is when the prosecutor seeks to convict a person on a offense that is far more serious and carries with it a unjust penalty than what the facts of the cases dictate and support.  Experienced attorneys know when this has happened and can help you battle these improper and/or excessive charges.

Because of increased political pressure from various interest groups, the prosecution of domestic violence has taken a dramatic turn in the last number of years. No longer do the police have the discretion to handle complaints informally. Therefore, no matter how minor the complaint, if the police were called, or 911 was called, there is an extreme likelihood that an arrest will be made and that a formal prosecution will be started.  Plainly stated, when the police are called to respond to a Domestic Violence dispute in most cases someone is going to go to jail and will have defend him or herself against Domestic Violence through the criminal justice system.  Feel open to calling our offices for a free consultation so that we can discuss the specifics of your case.