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Columbia Domestic Violence Lawyer

If accused of committing a domestic violence offense the first step you should take is to contact a Columbia domestic violence lawyer as soon as possible. Next, an individual should find whatever evidence they can to support their innocence such as phone conversations, video surveillance, or any witnesses that could be of use. When dealing with these types of accusations, it is important for an individual to hold their emotions in check and not let it get the best of them. Statements can be made out of anger or spite, and can end up hurting an individual in court. Therefore the first thing an individual should do is consult with a defense attorney and refrain from making any statements.

Prosecution

Assault is usually tied in with domestic violence. For an assault case, the prosecutor has to prove that there was an un-consented harmful or offensive act of contact. If it is a first-degree assault, they have to prove that it was all of those elements, aggravated either by the use of a dangerous or deadly weapon or significant/severe bodily injury.

The prosecution will also apply a protective order or peace order to the person who is being accused, which keeps them from contacting the alleged victim either in person or via some form of communication technology. A domestic violence attorney in Columbia can assist in mitigating this offense.

Trial Format

There are two types of scenarios: there are protective orders, which are civil filings, which are all at the district court where there is no right to a jury trial. Then, there is the criminal aspect in regards to domestic violence which commonly involves charges such as assault. In these cases, regardless of the degree of assault, an individual has access to either a bench or jury trial. Depending upon a multitude of possible variables, a domestic violence lawyer in Columbia will advise on which one is best to have in a Columbia court proceeding.

Building a Defense

Acquiring a lawyer for domestic violence is important for a multitude of reasons. For example, they can eliminate a pending warrant, if there is one, for their client. If a person is in jail, they can help with the process of getting that individual released. Once a person is represented, police officers and the investigators will be unable to speak with the accused in an attempt to build a case against them.

A Columbia domestic violence lawyer will also be able to guide their client through this process by making decisions that are logical. In many cases, a client may have inclinations on how things should be done based on the history and emotions that are involved between them and the people who are pressing charges. These decisions are often not the best ones to make considering how they might affect a case. An attorney that understands the laws and proceedings of the jurisdiction of Columbia can help a person towards a positive outcome.