Domestic Violence Domestic Violence Domestic Violence
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Birmingham, AL 35253

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Domestic Violence

Domestic Violence is a crime that comes with an intense level of shame and social stigma. A conviction or plea of guilty to a domestic violence or “DV” charge can result in possible jail time and years of probation. Every Domestic Violence conviction results in the loss of your ability to possess a firearm. Many Alabama counties require a person to drug test randomly and, in essence, be on pre-trial probation pending resolution of a DV case.

The Truth about Domestic Violence

Some Domestic Violence cases comes from situations where there are real problems present with dangerous individuals. However, as unfortunate as it sounds, many DV accusations are unfounded, illegal, and stem from disputes in relationships where one person calls the police on another person out of spite, revenge, or in the heat of an argument. Domestic violence charges initiate from spouses, girlfriends, boyfriends, even family members or your roommate. The crime involves violence between anyone who lives in the same house together or who has ever lived in the same house.

Many police departments have enacted policy's that the officers on the scene must arrest someone at a call for domestic violence! That means that once someone calls the police and they show up, someone is going to go to jail, possibly even the caller!

How a Domestic Violence Case Plays Out

Often times a Domestic Violence case is one person’s word against another. Since the charge is a misdemeanor, the case is not heard by a jury; it is heard at a “bench trial” by a judge. For the most part, it takes convincing one person (the judge) of your innocence and what really happened.

Even if the person who filed the report shows up to court to ask that the charges be dropped against their spouse or significant other, some judges may throw the person asking for the charges to be dropped in jail for filing a false police report, others may allow the case to be dismissed.

Many Alabama counties refuse to drop or lower DV charges by policy of the district attorney. Also, many judges will not drop DV cases even if the district attorney wants them to! This means defendants are forced to either plead to the exact crime they are charged with or take the case to trial. In the Alabama counties where a trial is the only road to getting the charges dropped, you need a skilled and experienced lawyer to try the case. DV cases are extremely fact specific and can hinge on one or two small facts that can mean the difference between a conviction and a “not guilty” verdict.

What are the Consequences if I am Convicted?

Although a misdemeanor, domestic violence crimes may as well be felonies due to their severe consequences. DV convictions or arrests can be used against people in divorce proceedings, child custody battles, and can affect employment and your civil rights. They can also be used against you as a crime of violence if you are ever charged with another crime. As noted above, a plea or conviction will prevent you from carrying a firearm.

Always remember each and every case is different; sound legal advice can only be attained by speaking directly to a knowledgeable and experienced lawyer! Contact the Malbrough Firm, LLC (205) 747-8351

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