Domestic Violence and Protection from Abuse
Domestic Abuse Defense Attorney
Arrests are common in cases of domestic violence, even if the violence was nothing more than a shove or a touch. The arrest can have a profound effect on your life, resulting in a criminal prosecution even in cases where your spouse does not want to press charges.
At the Law Offices of Murray, Phillips & Gay in Georgetown, we offer a free initial consultation to discuss your case and your options if you have been accused of domestic violence.
Police Response to Domestic Violence
If police are called to your home following an accusation of domestic violence, they ask your spouse questions such as, “Did he push you?” and “Did he touch you?” If the answer is yes, police are required to make an arrest. From that point on, the prosecution will be controlled by the State. Your spouse won’t be able to drop charges.
Domestic violence charges may be false accusations. It’s not unusual for a spouse to accuse his or her partner of domestic violence to gain the upper hand in a divorce case.
In eight cases out of 10, the person charged with domestic violence is male. However, a female can also be charged.
Consequences of a Domestic Violence Conviction
Domestic violence is a special category of assault. While the charge is a misdemeanor, a conviction can have a very serious effect on your future. Many employers will not hire someone who has a conviction for domestic violence. You would be barred from carrying a firearm or ammunition for five years. If you are a police officer, it would mean the end of your career.
Given the consequences of a conviction, you should never plead guilty to domestic violence charges without talking to an experienced defense attorney.
Protection From Abuse Orders
Even before you are convicted of domestic violence, your spouse can seek to have you removed from the home under a protection from abuse order (sometimes referred to as a restraining order). A PFA order is a civil order that is separate from criminal assault charges. For more information on protection from abuse orders, or for a consultation about Family Law in Delaware, contact the Law Offices of Murray, Phillips & Gay.
If you have been accused of domestic violence or spousal abuse, we would like to meet with you in person to discuss your case. To schedule a free initial consultation at our Georgetown office, please call 302-855-9300, at our Dover or Wilmington office please call 302-697-2499 or fill out the contact form on this site.