While domestic violence is a serious crime that harms not only the victim but other family members as well, there are incidents in which people are wrongly accused of this type of crime. The reality is that domestic violence allegations can arise in a variety of situations, such as child custody cases, heated arguments, incidents in which one or both parties are under the influence of drugs or alcohol, or even in divorce cases where one of the parties is using the allegations to garner a better position in court.
There are many penalties that can be placed on people when they are convicted of domestic violence, such as jail or prison time, fines and court costs, loss of employment, loss of professional licenses, loss of gun rights, and court-ordered counseling and follow-up care that can be costly. Also, if a person is convicted of domestic violence, they will have a permanent scar on their record that will follow them for the rest of their lives and could impede their chances for future employment.
Domestic Violence Defined Under the Law
When it comes to domestic violence as defined by the law, it is an act of violence, or the threat of violence, that a person makes against a household or family member. It is sometimes also referred to as intimate partner violence or domestic abuse. This type of abuse can occur anywhere, including outside the home, since the definition under the law refers to the relationship between the victim and the alleged abuser, not the location in which the violence occurred.
Common Domestic Violence Offenses
There are many different domestic violence offenses and related ones that fall under the umbrella of domestic violence in the law. One of those can be a violation of a protection order which can come up a lot during divorce or child custody cases. If one person files and is granted a civil protection order against the other person, they can have the person arrested much more easily for crimes such as domestic violence than if there were no protection order in place. Protection Orders are very important for true victims of domestic violence, but many people abuse this part of the law to get back at the other party that they are divorcing or in a child custody battle with, so they will look better in court and the other person will look like a criminal. A very similar offense to this is stalking and menacing by stalking. Many times a person in a divorce or custody battle will use the other person of stalking them even when they are not doing so. They do this to get more leverage in court. Domestic assault or battery is another charge that falls under the umbrella of domestic violence and this is the most common charge since it involves accusing a person of assaulting another and causing harm to them. Other offenses under this umbrella include child abuse and neglect, rape, and sexual battery.
Domestic Violence Defenses
It is important to hire the best domestic abuse lawyer in Idaho Falls to assist you or your loved one in identifying any related applicable defenses or mitigating factors that have occurred in your particular situation. One type of defense that attorneys will use to protect your rights is if you committed an offense to defend another person since it sometimes may be necessary to use defensive force to prevent that family or household member from causing bodily harm or injury to another person.
False allegations sometimes occur when a family member or household member claims that someone else in the household committed domestic violence against them when they in fact did not. There are many reasons why a person would make these allegations against another, including gaining a favorable position in a divorce case or custody dispute. This is why you need to hire the best domestic abuse lawyer in Idaho Falls to represent you and protect your rights.
Call for an Appointment Today
If you or someone you love are facing allegations of domestic violence, you may have already searched for the “best domestic violence attorney near me,” online which is a great first step in protecting your freedom and your future. You are in need of the best domestic abuse lawyer in Idaho Falls to inform you about the law when it comes to domestic violence and what your options are as well as the consequences if you are convicted.
Smith Wolf Anderson and Wikinson, Attorneys and Counselors, in Idaho Falls, can assist you with all of your legal needs in these types of domestic violence cases. One of the attorneys will meet with you to find out the details of your case and to determine the best possible defense to ensure you are represented by the best domestic abuse lawyer in Idaho Falls to protect your rights and your freedom. Call today for an appointment.