Domestic violence is a specific type of assaultive behavior directed toward members of a person’s family or household. It generally includes spouses, parents, children, romantic partners, step-family members, grandparents, and grandchildren. Allegations of assault against a neighbor, friend, or co-worker is not domestic violence even if the parties maintain a close relationship.
The term domestic violence refers to several acts, such as offensive touching, menacing, sexual harassment, trespass, criminal mischief, sexual assault, terroristic threatening or reckless endangerment, when committed against any of the above-listed family members. If you are the survivor of family violence, you may seek civil and criminal protections from the court. In cases where family violence is present, the survivor may seek a protective order to protect themselves, their family members, or their children. Mr. Youngberg is a strong advocate for survivors and can help you seek the protection you need from the court. Mr. Youngberg can help you take control of the situation and seek the relief you need from the court. He will place your safety and the safety of your children at the forefront and will advocate for you in court.
Penalties for Domestic Violence
If you are accused of being an abuser, there are several issues that you will need to consider. The judge in your case will be most concerned with ensuring the safety of the other party. The standard of proof in a civil case is much lower than that of a criminal case, and all that the court has to determine is that it is more likely than not that the abuse happened. For that reason, it is crucial that you have a strong defense in order to protect your rights and your right to possession of your children. The consequences of being convicted of a domestic violence charge are severe. Individuals convicted of domestic violence also have difficulty obtaining or maintaining primary placement of their children and may even lose visitation rights as a result of the conviction.
In addition to the civil penalties described above, you may face incarceration which could mean that you are unable to see your family for weeks or months, unable to maintain your job, and be prohibited from continuing your life as before. Domestic violence defendants are not permitted to own or possess firearms and many are forced to undergo lengthy anger management courses and counseling as a provision of their sentences.
Given the life-altering nature of a domestic violence conviction, it is imperative that you retain an experienced criminal defense attorney who can work to protect your freedom and relationship with your family. If you have been charged with the crime of assault or battery against a family member, you must meet with a criminal defense attorney as soon as possible to ensure your rights are protected. Mr. Youngberg can help you with your family law case and the impact that any criminal charges may have on your family law case, but he is not a criminal defense attorney. Although he cannot give you legal advice regarding criminal law specifically, Mr. Youngberg will work with your defense attorney to come up with a comprehensive strategy to protect you and your children.