In Pennsylvania, defendants that are charged with domestic violence will receive greater penalties if convicted. With major changes in the law, all domestic violence laws increase the penalties for offenses such as assault and battery when they involve romantic partners or members of the same household. The following is a review of domestic violence charges with defense lawyers in Lititz, PA.
Identifying the Victim
The first step followed by the officers is to determine which party is the victim and which is the attacker. Unfortunately, the answer to this question isn’t always clear. In some cases, the victim is identified as the attacker. The real victim may need to present additional evidence to correct this mistake. For example, if they have evidence of any previous attacks, the victim must present it all to law enforcement. They also retain the right to file charges against their attacker as well.
How Protection Orders Work
A protection order prohibits the defendant from participating in specific activities. These activities include contacting or visiting the victim at their home, work, or locations in which they visit frequently. The provisions may prohibit the consumption of alcohol or the use of controlled substances. They may be ordered to attend anger management programs as well. Any violation of these orders incurs additional charges.
Reviewing the Circumstances
In most cases, the defendant cannot live in the same location as their victim after the arrest. If the victim is a child, they may be removed from the home and placed in foster care or protective custody. These cases can also affect the outcome of child custody and divorce cases.
Proper Defenses for Domestic Violence
Some common defenses for domestic violence charges include self-defense, intoxication, insanity, and provocation. The attorney must provide adequate evidence to support these defenses. Eyewitness testimony could support the claim, too.
In Pennsylvania, defendants who face these charges may also be required to follow the provisions of a protection order. These allegations could also lead to supervised visitation with their children pending the outcome of the case. Defendants who are facing these charges need to contact defense lawyers in Lititz, PA through the Law Office of Melissa R. Montgomery.
