A domestic violence allegation has now become an offense that can have far-reaching consequences on not just your home life but also on your professional life as well. This is why it is up to individuals everywhere to determine just what offenses can constitute domestic violence so they can avoid having this stain on their record. The first step is to fully understand that if you are found guilty of being abusive to an individual living in your household, the court is going to take it very seriously. If you are labeled an abuser, it will take many years of clean, law-abiding behavior to rehabilitate your image. Here are some of the offenses that can be considered domestic violence:
First of all, there must be intent established in order for a person to be convicted of harassment. They either will communicate with a person at a poor time, or they will use extremely profane language. This harassment can be accomplished by mediums such as regular mail, e-mail, phone calls, face-to-face communication, or texting. If the communication annoys or alarms you, then it is definitely harassment. Threatening to do the same could also be a case for harassment.
Obviously, hitting a victim is one of the main definitions of assault. However, even if they try to harm you, it could be considered assault. Moreover, if they threaten you with a deadly weapon such as a gun (loaded or not), that can also be classified as assault.
If you intentionally break property that solely belongs to the victim, that is grounds for a domestic violence arrest of criminal mischief.
Criminal Restraint or False Imprisonment
If you restrain someone and do not allow them to leave, then that would be considered criminal restraint. If you have them in an area where they don't want to be, then that could be probable cause for an arrest.
Violation of a Domestic Violence Restraining Order
If the perpetrator communicates with a victim in any form, that would be classified as a violation of a restraining order.
Of course, this is by no means an exhaustive list. There are many other offenses that can be classified as domestic violence crimes.
Possible Penalties for a Domestic Violence Offense
If you are convicted of a domestic violence offense, you could be looking at 12 months of probation, some time in jail, a mandatory group counseling session of at least 26 weeks, a requirement to complete community service, and the inability to own a firearm. Unfortunately, this isn't necessarily the end of the possible deleterious consequences you might face.
Professional Licenses Might be Impacted
We have represented countless clients who were accused of domestic violence and had professional licenses. These would include many individuals in the nursing, teaching, medical, and legal fields.
You Could Lose Your Job
Any job that requires child care, elder care, handling weapons, or the transportation of dangerous materials could be in serious jeopardy. We have even had HAZMAT truck drivers as clients.
You Could Experience Financial Hardship
We encounter clients all of the time who have had employment difficulties because they have a domestic violence conviction. They are now experiencing financial difficulty because of their reduction in wages. However, even if you manage to keep your job after allegations of domestic violence, you could still possibly face financial hardship because you will be forced to move out of your home. Any domestic violence conviction will come with an automatic restraining order, meaning you cannot communicate with the alleged victim in any way, shape, or form.
Part of the reason why you will have so much financial difficulty is that your domestic violence conviction will show up on most, if not all, background checks that are performed on you. Even if you have cleaned up your act, many companies will be hesitant to hire you because of what happened.
Our Commitment to You
In times like these, you need highly-qualified and aggressive legal experts on your side. At Newman and Allen, our pledge to you is that we will do everything possible to get the most favorable outcome possible for your situation. We will explore every aspect of your case if we decide to take it to trial. In short, we have your back.
Call us today (909) 328-6101 for a consultation regarding your situation, and to learn more about how we can help.