Naperville Domestic Violence Attorney
Domestic Violence Attorney Protecting Your Rights
Domestic violence can be a very ugly offense to be charged with. Even hearing the term "domestic violence" evokes images of an abusive man attacking his wife or girlfriend for little provocation. However, this image is not always accurate. Domestic violence cases often begin with a mutual argument that later turns physical. Additionally, the legal descriptor of "domestic" violence is not exclusively limited to assaults between current romantic partners. The pool of potential victims in a domestic violence case also includes your family members, platonic roommates, former dating partners, and even your in-laws or former in-laws. While most people do not think of pushing a roommate during a dispute as equating to domestic violence, legally, it is. It is also important to know that domestic violence arrests do not always turn into convictions for a number of reasons.
Appelman Law LLC has handled a great deal of domestic violence cases over the years with an excellent record of success. Our skilled legal team will do all we can to protect your rights and freedoms while fighting back against this sometimes-unreasonable charge. We understand that arguments between family members or partners can sometimes get out of hand, escalating to physicality when neither party to the dispute wanted this outcome. Our goal in representing you will be to minimize any impact this case will have on your life going forward. Whether this means pursuing an acquittal at trial or reducing the charge through plea bargaining, we will always do what is in your best interest.
Why Domestic Violence Arrests Are Not Always Reliable
When the police are called out to a domestic disturbance - especially if they have been to the same residence for the same reason in the past - odds are, they are going to arrest someone. Unfortunately, the police have no way of knowing what transpired before they arrived. They often arrest the person who is less calm, believing that person to be the likely aggressor. Sadly, they are not always correct. The party who is in a deeper state of distress is often the victim rather than the offender. This means that domestic battery victims are often arrested in error after defending themselves. Women are more and more commonly - but not necessarily rightfully - the arrested parties.
The good news is that if you are in this situation, you will have the opportunity to raise a defense in court. An arrest is not a conviction. In order to sustain a conviction at trial, the prosecution must be able to prove beyond a reasonable doubt that you were the aggressor who initiated the assault. As the police were not there to see what actually happened, this can be exceedingly difficult, especially if the alleged victim chooses not to cooperate with the prosecutor as is often the case.
What to do After a Dometic Violence Arrest
While you may be desperate to clear your name, it is best to leave your legal defense to your attorney. As your court case is pending, it is of the highest importance that you follow any terms set out in the temporary protection order you were likely served with. If you lived with the alleged victim, this likely means that you cannot go home. Refrain from contacting the alleged victim, even if they contact you first. Violating the protection order is only going to lead to more legal problems.
Facing a domestic violence charge can be immensely stressful. The potential penalties can be harsh, generally including up to a year of jail time. The best thing you can do is to work closely with your lawyers to put forth the best defense possible.
Contact a DuPage County Domestic Violence Attorney
Appelman Law LLC is committed to providing the highest quality legal representation to people facing domestic violence charges. Our dedicated team of experienced criminal defense lawyers will do all we can to protect your rights and freedom. For a complimentary initial consultation, please contact us at 630-717-7801.