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28 Apr

Say no to domestic violence

The holidays can be a stressful time for some. According to statistics there are more cases of domestic violence during this period than any other time of year. What most don’t understand is exactly what constitutes a criminal charge and the repercussions that one could face if charged. Our primary goal with this article is to inform you in hopes of preventing this from happening to you and your loved ones.

Domestic Violence, generally speaking, is defined as a threat of imminent physical harm or an attempt or actual physical assault on a family or household member who is residing with the offender or has resided with him or her in the past. If there is an attempt or actual physical harm committed, then the offense is a first degree misdemeanor punishable by up to six months in jail. If a person is charged with a subsequent offense of this type, the offense is a felony.

Domestic Violence may also be the subject of a civil proceeding. In addition to facing a criminal charge, you can go to the domestic relations court and the other party may obtain a protection order against you. This order may result in being prohibited from living in the marital home. The court can grant temporary custody of any children and order that you pay child support.

Under either of these circumstances a federal statute, 18 U.S.C. 922(g) (8), also known as the Brady Law, will forever bar you from possessing a firearm. You may never be able to hunt, work in law enforcement, join the military or be employed in any occupation requiring the use of a firearm.

Domestic Violence has many adverse consequences; however, as shown above, there are consequences that one may not have anticipated. More importantly, this type of violence can have a devastating effect not only on the victim, but on all members of the family.

Please consult an attorney for advice about your individual situation. This site and its information is not legal advice, nor is it intended to be. Feel free to get in touch by electronic mail, letters or phone calls. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.
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