Salisbury Domestic Violence Lawyer
A domestic dispute that escalates to accusations of violence can result in criminal charges. Conviction on charges relating to violence in the home could lead to significant fines, jail time, and a permanent criminal record.
The court system is complicated to navigate without an experienced advocate, so if you have been accused of this offense, you should consult a Salisbury domestic violence lawyer to guide you through the process. Depending on the circumstances, a seasoned attorney could help you avoid prosecution or at least minimize the consequences of a charge.
Who Can Allege Domestic Violence?
The relationship between the accused and the accuser determines whether an alleged crime is an act of domestic violence. Depending on the specific circumstances, a knowledgeable attorney in Salisbury could argue that the accuser is not statutorily entitled to make a complaint of domestic violence.
State law defines the categories of individuals who might accuse another person of domestic violence. These examples include:
- Spouses and former spouses
- Anyone who shared a home and an intimate relationship with the accused for at least 90 days within one year of the complaint
- Any relative, whether by blood, marriage, or adoption
- Someone who had a sexual relationship with the accused within one year of the complaint
- A person who made an allegation of rape or any attempted sexual offenses against the accused within the past six months
If the violence is alleged to have been directed at a child, the law allows other persons to make a complaint. The State’s Attorney, the Department of Social Services, a relative of the child, and any adult who resides in the home could accuse someone of domestic violence on behalf of the child.
Elements of a Domestic Violence Charge
A broad range of acts could be considered domestic violence. Proof of physical battery is not necessary for someone to be charged.
However, a police officer can make a warrantless arrest if they have probable cause to believe that physical harm occurred or will occur if the accused person is not arrested. A Salisbury domestic violence attorney could challenge the grounds for arrest when an officer arrests an accused person without a warrant.
Inflicting physical harm or attempting or threatening to do so constitutes domestic violence. Rape and other sexual offenses are domestic violence crimes if the accuser is entitled to make a domestic violence complaint against the accused. Any act that puts an accuser in fear of imminent physical harm could support a domestic violence charge. According to the law, false imprisonment, stalking, and revenge porn could also be considered acts of domestic violence.
Engage a Qualified Salisbury Domestic Violence Attorney to Aid Your Case
Domestic violence charges carry significant stigma, and someone who has been accused might feel alone and overwhelmed. Professional legal assistance could increase your chances at achieving a fair result and provide you with a source of non-judgmental advice and support. A Salisbury domestic violence lawyer could offer the help you need. Contact us today to schedule a consultation.