Domestic violence charges encompass various statutes, such as false imprisonment, stalking, assault, and sexual assault. Among these charges, assault, including aggravated assault, is particularly notable.
When law enforcement becomes involved in a domestic violence situation, the potential for escalation increases rapidly. Police officers possess the authority to make arrests without arrest warrants. Even if the victim decides not to drop the charges, the case will proceed under the district attorney’s jurisdiction. This is when the alleged offender will require the invaluable support and guidance of a dedicated and experienced Washington PA criminal attorney. With their expertise, the individual can effectively navigate the legal process and safeguard their rights.
Special Investigative Powers of Police
In cases of domestic violence, law enforcement possesses the authority to apprehend an individual without a warrant under specific conditions. These conditions include offenses such as assault, aggravated assault, involuntary manslaughter, stalking, reckless endangerment, or making terroristic threats. However, the presence of corroborative evidence, such as recent physical injuries on the victim, is crucial.
Furthermore, police are obligated to seize any weapons used in the commission of the crime.
Regarding assault cases, bail conditions may involve the defendant maintaining a distance from the victim’s residence or workplace and refraining from further criminal acts against the victim. However, if you find yourself facing assault charges resulting from an incident involving a cohabitant, finding alternative accommodation can pose significant challenges and expenses, especially in long-term situations. A highly skilled Washington PA DUI attorney will tactfully portray their client as a non-threatening individual to the victim in order to mitigate onerous bail conditions. Nonetheless, violating these conditions may lead to rearrest and forfeiture of bail.
It is important to note that domestic assault charges often have ramifications that extend beyond the legal realm. Temporary relocation to a motel can cause financial strain and disrupt bill payments, while moving in with family or friends may put strain on relationships, adding to the stress for all parties involved. Furthermore, job performance may suffer, resulting in potential job loss due to time spent in jail or being charged with a crime. Additionally, repercussions within the community can be unpredictable, as individuals may come across domestic assault charges in the newspaper and jump to conclusions without having all the facts. This can lead to social ostracism and reputational damage for the accused.
Domestic Assault Protective Orders
Victims of domestic assault have the right to seek an order of protection, a crucial legal measure to ensure their safety. This vital recourse aims to maintain distance between the defendant and the victim, prohibiting any form of contact and requiring the defendant to vacate the shared household. In certain cases, protective orders may also address matters of child custody and financial responsibilities, such as child support. Additionally, the court has the authority to restrict the defendant’s access to firearms and impose restitution to compensate the victim, all at the discretion of the judge.
It is of utmost importance to note that violating a protective order carries severe consequences. Any breach will result in the individual being held in indirect criminal contempt of court, which can lead to a $1,000 fine and a possible jail sentence of up to six months. Domestic assault charges should never be taken lightly, as they come with significant legal ramifications.
If you are facing charges related to domestic assault, it is critically important to have the support of an experienced attorney who specializes in criminal law and domestic violence cases. At Logue Law Group, our dedicated criminal lawyers in Washington, PA, provide unparalleled advocacy to achieve the best possible outcome for our clients. We proudly serve Washington, PA, West Virginia, and Ohio, and offer free initial consultations. To discuss your case, please reach out to Sean Logue and our team at 844.PITT.DUI, or conveniently contact us online.
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