Domestic Violence Defense Attorney
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Domestic Violence Defense Lawyer

Being accused of domestic violence is a serious matter with potentially life-altering consequences. You need an experienced and aggressive domestic violence defense attorney to protect your rights and fight for the best possible outcome. At Padula Law, we understand the complexities of these cases and are committed to providing compassionate and effective legal representation.

Why Choose Padula Law?

  • Former Prosecutor’s Insight: Attorney Michael Padula has valuable experience as a former prosecutor, giving him unique insight into the strategies used by the prosecution. He knows how to anticipate their moves and build a strong defense on your behalf.
  • Department of Justice Background: With experience at the Department of Justice, Attorney Padula has a deep understanding of the legal system and can use this experience to help craft defense strategies to protect your rights.
  • Dedicated to Your Defense: Now focused on private practice, Attorney Padula is dedicated to defending individuals facing criminal charges. He will work tirelessly to protect your rights and your future.

Contact Padula Law today for a confidential consultation by calling (888) 574-5155.

Common Domestic Violence Charges

Domestic violence charges encompass a range of offenses involving harm or threats against someone with whom the accused has a close relationship. These relationships typically include spouses, former spouses, cohabitants, family members, or individuals sharing a child.

Common charges associated with domestic violence include:

  • Assault: The threat of immediate harm or offensive contact.
  • Battery: Actual physical contact that results in harm or offensive touching.
  • Harassment: A course of conduct that alarms, annoys, or torments another person.
  • Stalking: Repeatedly following, harassing, or threatening another person, causing them to fear for their safety.
  • Protective Order Violations: Court orders that prohibit the accused from contacting or coming near the alleged victim.

Domestic violence charges can range from misdemeanors to felonies, depending on the severity of the offense and the accused’s prior criminal history.

Why Do Some People Falsely Accuse Others of Domestic Violence?

Unfortunately, false accusations of domestic violence do occur. Motivations behind such accusations can include:

  • Revenge: An individual may make false allegations out of anger or a desire for retribution.
  • Child Custody Disputes: False accusations can be used as leverage in divorce or child custody proceedings.
  • Financial Gain: An accuser may seek financial benefits through a restraining order or divorce settlement.

Defenses Against Domestic Violence Charges

If you are facing domestic violence charges, there are various defense strategies that an experienced attorney can employ, including:

  • Self-Defense: You were protecting yourself from immediate harm.
  • Lack of Intent: The alleged act was accidental or unintentional.
  • False Accusations: The alleged victim is fabricating the allegations.
  • Insufficient Evidence: The prosecution lacks the evidence to prove the charges beyond a reasonable doubt.

The Impact of a Domestic Violence Conviction

A domestic violence conviction can have severe and long-lasting consequences:

  • Criminal Record: A permanent criminal record can make it difficult to obtain employment, housing, or professional licenses.
  • Child Custody: A conviction can negatively impact child custody arrangements.
  • Immigration Status: Non-citizens may face deportation.
  • Firearm Restrictions: You may lose the right to own or possess firearms.
  • Penalties: Potential penalties include fines, jail time, mandatory counseling, and probation.

Finding a Qualified Domestic Violence Defense Attorney

If you are accused of domestic violence, it is crucial to seek experienced legal representation immediately. An experienced attorney can:

  • Investigate the allegations.
  • Gather evidence.
  • Negotiate with the prosecutor.
  • Protect your rights in court.

The Role of Your Defense Attorney

Your attorney acts as your advocate and legal advisor throughout the entire legal process. Attorney Michael Padula will:

  • Explain the charges against you.
  • Advise you of your rights.
  • Develop a defense strategy.
  • Represent you in court.
  • Negotiate plea deals.
  • File appeals if necessary.
  • Etc.

Understanding the Trial Process

The stages of a domestic violence trial typically include:

  • Arraignment: You are formally charged and enter a plea.
  • Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss the charges.
  • Trial: Evidence is presented, and witnesses testify.
  • Verdict: The judge or jury determines your guilt or innocence.
  • Sentencing: If convicted, the judge imposes the sentence.

The prosecution has the burden of proving your guilt beyond a reasonable doubt. This means that the evidence must be so strong that there is no other logical explanation than that you committed the crime.

Don’t face these charges alone. Contact Padula Law today, and let us help you protect your rights and your future.

Frequently Asked Questions For Our Domestic Violence Defense Lawyer

That depends on the specific charges and your criminal history. Penalties could range from fines and probation to jail or prison time, mandatory anger management classes, loss of custody rights, and restrictions on firearm ownership.

Not necessarily. The prosecutor ultimately decides whether to pursue charges, even if the alleged victim recants their statement. However, the victim's unwillingness to cooperate can be a factor in the prosecutor's decision.

A conviction could significantly impact your custody and visitation rights. Courts prioritize the safety of the child, and a domestic violence conviction could lead to supervised visitation or even loss of custody.

Yes, a domestic violence conviction, even a misdemeanor, will likely prohibit you from owning or possessing firearms under federal and state law.

It's possible, but challenging. To have a restraining order lifted you would need to present a strong case to the court demonstrating that the restraining order is no longer necessary and that you pose no threat to the protected person.

It's generally not advisable to speak to the police without an attorney present. Anything you say can be used against you, even if you're trying to be helpful.

A plea bargain is an agreement where you plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial. Whether it's a good option depends on the specifics of your case.

That depends on the severity of the charges, your criminal history, and the outcome of the case.

Yes, a domestic violence conviction can have serious immigration consequences, including deportation.

What to Do If You’ve Been Arrested

If you are arrested, it’s critical to:

  • Remain Silent: Do not answer questions without an attorney present.
  • Ask for a Lawyer: Politely but firmly request an attorney immediately.
  • Contact Padula Law: We are available 24/7 to provide guidance and representation.

Let Padula Help You

If you are facing criminal charges, you need a defense attorney you can count on. Michael Padula has the necessary skills and experience to represent anyone facing federal and state charges. Call Padula Law today at (888) 574-5155 for a free and discreet consultation.