Being accused of domestic violence can change your life and have far-reaching consequences. It can affect the jobs you are eligible for, whether you can own a gun, or even if you are allowed to see your children. There are both civil and criminal provisions relating to domestic violence.
The Cohabitant Abuse Act allows many people, generally family members, to seek a protective order against you. The person alleging abuse first obtains an ex parte protective order that can have wide ranging affects including prohibiting you from telephoning or contacting them directly or indirectly, removing you from your home, prohibiting you from possessing a firearm, and order possession and use of an automobile and other essential personal effects enforced with assistance of a police officer, if necessary. The most devastating effect, however, is that the court can grant the petitioner temporary custody of your minor children. All of this is on a mere allegation of abuse. The ex parte orders remain in place until a hearing is held. The hearing can be up to 20 days after the issuance of the ex parte protective order.
If you have been served with an ex parte protective order, you should vigorously defend the allegations that have been made against you to protect your rights. A lot rides on what occurs in those first few critical days. An attorney is essential to protect your rights.
When an assault is directed towards the members of a person’s household or family, it is referred to as domestic violence. These can include parents, spouses, romantic partners, step-family, grandchildren, and grandparents. Assault against friends, co-workers, or neighbors does not qualify as domestic violence regardless of how close the relationship is.
When any of the listed family members allege that you committed criminal acts against them, you may be facing domestic violence charges. Domestic Violence charges can have serious ramifications in the future. One of the most severe ramifications is that a domestic violence conviction can be used against you in a subsequent divorce and child custody proceeding. Additionally, incarceration is a very real possibility which can affect the entire rest of your life.
Contact our office to discuss your options.A domestic violence conviction can alter the course of your life irrevocably. Because of this, retaining an attorney with skill and experience to defend your rights is critical. Even if you are guilty, all hope may not be lost; first-time offenders may be granted leniency.
Call us today at (801) 701-8644 to learn more about how best to combat your domestic violence charges.