Philadelphia Domestic Violence Lawyer
Law enforcement agencies nationwide have gone to great lengths to crack down on incidents of alleged domestic violence. As a result, police officers sometimes make arrests and file charges even when the situation may not merit that action. If you have been arrested and accused of domestic violence, you may need the advice of a Philadelphia domestic violence lawyer.
All too often, family members and intimate partners become involved in disputes that become overly emotional and heated. People may say things that they do not mean or act in a manner that is uncharacteristic for them; false allegations of domestic violence also may arise out of these situations.
Since the ramifications of a domestic violence charge can have a harsh impact on your life, you may wish to consider contacting a seasoned criminal attorney as quickly as possible.
Domestic Violence Offenses
Unlike some states, Pennsylvania does not have a separate criminal offense that relates solely to domestic violence incidents. Under Pennsylvania law, prosecutors can charge individuals with specific criminal offenses that constitute crimes of domestic violence because they involve family or household members as defined by law.
Under 23 Pa. Cons. Stat. § 6102, family or household members include the following:
- Current or former spouses
- Partners who live together or formerly lived together
- Parents, children, and other relatives, whether by blood or marriage
- Persons who share a child or who are or were in an intimate relationship
Domestic violence offenses include any of the following crimes when they involve family or household members;
- Simple or aggravated assault
- Harassment and stalking
- Sexual assault, sexual abuse, and rape
- False imprisonment
All these crimes have the potential to result in severe consequences in the event of a conviction. As a result, anyone facing accusations of a domestic violence offense may need to consult with a domestic violence lawyer in Philadelphia.
Domestic Violence Arrests and Charges
Police officers and prosecutors handle domestic violence cases somewhat differently than other criminal cases. For example, if there is evidence that specific crimes involving domestic violence have occurred, police can arrest individuals without an arrest warrant. Additionally, your case may be prosecuted by a special unit within the District Attorney’s office called the “family violence unit” which is reserved for experienced and capable prosecutors.
There is no requirement that police witness the offense occurring; instead, they can deduce that a crime occurred as a result of other evidence, such as the existence of physical injuries to individuals.
Furthermore, even if alleged victims of a domestic violence offense change their mind and no longer wish to proceed with the prosecution of criminal charges against individuals, the prosecutor or court may not agree to dismiss the charges. This is the case even if the alleged victims no longer are cooperating with the prosecution.
Protection from Abuse Orders
Although a conviction for any domestic violence offense can result in many unwanted consequences, including incarceration, probation, required completion of an anger management course, and an inability to possess firearms, it also often results in the issuance of a protection from abuse (PFA) order.
A PFA order can have severe ramifications that differ from one case to another. Among other conditions, a PFA order may require individuals to move out of their residences, lose custody of their children, have restricted or supervised visitation with their children, and have no contact, either direct or indirect, with the other party for a period of up to three years.
Violations of PFA orders can result in additional criminal consequences, so enlisting the help of a domestic violence attorney in Philadelphia to avoid this outcome may be wise.
Consult a Philadelphia Domestic Violence Attorney Today
Allegations of domestic violence can have devastating effects on your life and that of your family. You may suffer irreparable damage to your reputation, lose your job, and be ineligible to possess any firearms. Since various defenses may apply in domestic violence cases, you may be able to utilize these defenses with the help of a Philadelphia domestic violence lawyer.
With a criminal domestic violence conviction on your record, you may find getting employment, returning to school, and obtaining housing far more challenging. The issuance of a PFA order against you can make your situation even more difficult and restrict your ability to go to specific places and have contact with your children.
