Domestic violence is any violence that happens amongst the partners or family members living together. For instance, a tussle between the spouses, step-parent, kids, or another family member might be deemed domestic violence.
Domestic violence is when one person intimidates, threatens, physically harms, or abuses the other to hurt them.
Aggravated domestic battery is quite similar to domestic violence, but they are not the same in the eyes of the law. Aggravated domestic battery is when a person causes a serious injury or bodily harm to another person with the intention of doing so. In Illinois, even strangulation, defined as blocking the air pathways, is considered aggravated assault.
So, if you have been accused of domestic violence, then you must look for the best defense attorney to represent your case. To find out more details and understand your rights, you can look it up on the internet or reach out to an experienced criminal defense attorney.
Here are some of the reasons you need an attorney for a domestic violence case.
- Stop you from self-incrimination
When you are in police custody, they will often ask you questions that might be incriminating, and whatever you say to the cops will be used against you. So, it is best to plead the fifth and wait until you have your lawyer present. Let the authorities know that you will not answer any questions unless and until you have your attorney present.
No matter what you say, the police and the prosecutor will try to use it against you in court, so it’s better to stay quiet until you have your attorney by your side. When you have the support of a good defense lawyer, they will guide you on how to answer the questions and what to answer. The lawyers will help you frame your answers in such a way that the prosecutor can not twist your words.
- Help have the charges dropped
Having a domestic violence case on your head can ruin a person’s life; it can affect your social life, work, and family life to a great extent.
So, if you feel like you have been wrongly accused of the crime, your attorney will help get the charges dropped. There are different strategies a lawyer can use, such as stating lack of evidence or violation of rights as the basis for getting the charges dropped.
- Help in defending the case
If the case is going to court, the attorney and their team will devise a strategy to get you acquitted. Even if an acquittal isn’t possible, your attorney will try to negotiate a plea deal involving a reduced sentence.
They will also help you manage your expectations for the trial and present to you all the available legal options and the possible consequences of the case.
- An attorney will help you defend a restraining order
A restraining order can pose many challenges for you and might hamper you from living comfortably. When someone files for a restraining order against you, you are not permitted to go within 50 or 100 yards of that person.
So, if you work with them or want to see your children, you will not be able to until the restraining order is revoked.
5. Represent you in court
If the case goes to court, the attorney will help you prepare for the case. Domestic violence accusations can be challenging as the person accused of the violence often comes under intense public scrutiny even before the court has passed any judgment. So, the lawyers will help you navigate those circumstances and do everything in their power to ensure you aren’t wrongfully punished.
They will devise legal strategies, call witnesses, and prove your character in a court of law to convince the judge and jury that you are innocent.