Domestic violence charges encompass multiple statutes, including those related to false imprisonment, stalking, assault, and sexual assault. One notable charge associated with domestic violence is assault, which includes aggravated assault.
When law enforcement is involved in a domestic violence situation, the situation can quickly escalate. A police officer has the authority to make an arrest without an arrest warrant. Once the case is in the hands of the district attorney, the victim may choose not to drop the charges. In such circumstances, the alleged offender will require the assistance of a dedicated and experienced Washington PA criminal attorney to navigate the legal process effectively and protect their rights.
Special Investigative Powers of Police
In cases of domestic violence, the police have the authority to arrest an individual without a warrant if the offense involves assault, aggravated assault, involuntary manslaughter, stalking, reckless endangerment, or terroristic threats. However, corroborative evidence such as recent physical injuries on the victim’s person must be observed.
Law enforcement is also required to confiscate any weapons used in the commission of the crime.
Regarding assault cases, bail conditions may include the defendant maintaining a distance from the victim’s residence or workplace and refraining from further criminal acts against the victim. If you find yourself charged with assault due to an incident involving a cohabitant, finding alternative accommodation can be both challenging and costly, particularly if the situation is long-term. A skilled Washington PA DUI attorney will seek to present their client as a non-threatening individual to the victim in order to minimize burdensome bail conditions. Nevertheless, violating these conditions may result in rearrest and forfeiture of bail.
Domestic assault charges often lead to more than just legal troubles. Temporary relocation to a motel can cause financial strain and disrupt bill payments. Moving in with family or friends may lead to strained relationships, adding to the stress for everyone involved. Job performance may suffer, causing individuals to lose employment due to time spent in jail or simply being charged with a crime. Furthermore, repercussions within the community can be unpredictable, as individuals may read about domestic assault charges in the newspaper and assume guilt without proper knowledge. This can lead to social ostracism and damage to the offender’s reputation.
Domestic Assault Protective Orders
Domestic assault victims have the right to seek an order of protection, a crucial measure to ensure their safety. This legal recourse aims to keep the defendant at a distance, prohibiting any contact with the victim and requiring them to vacate the shared household. In certain cases, protective orders may also address child custody matters and financial responsibilities such as child support. Furthermore, the court may restrict the defendant’s access to firearms and impose restitution to compensate the victim, all subject to the judge’s discretion.
It is important 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, leading to a $1,000 fine and a possible jail sentence of up to six months. Domestic assault charges should be taken seriously, as they bear significant legal ramifications.
If you are facing charges of domestic assault, it is crucial to have the support of an experienced attorney specialized in criminal law and domestic violence cases. At Logue Law Group, our Washington PA criminal awyers are dedicated to achieving the best outcome for our clients. We serve Washington, PA, West Virginia, and Ohio, and offer free initial consultations. To discuss your case, reach out to Sean Logue and his associates at 844.PITT.DUI, or conveniently contact us online.
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