Have you been unfairly charged with domestic violence in PA?
Unfortunately, false domestic violence claims are on the rise, particularly among couples going through a divorce. A vindictive or false claim can have major repercussions on your personal and professional life, and your knowledge of state laws – and a great lawyer – are often the only things that stand between you and a lifetime of problems.
While your lawyer will help you determine the best defense strategy for your specific case, the more knowledge you have from the start, the better off you are. Here are the most important things you need to understand.
What Is Considered Domestic Violence in PA?
Under Pennsylvania law, domestic violence cases are defined as having “knowing, intentional, or reckless” intent to:
- cause any kind of bodily injury
- cause someone to fear that they will be injured
- Sexual or non-sexual assault
- Rape
- Sexual abuse of minor children, or
- Knowingly and repeatedly acting in a way that causes someone to fear bodily injury (ex. stalking)
To be considered domestic violence, the acts must have occurred between family or household members, including spouses, ex-spouses, parents and children, current and former sexual partners, and people who share biological parenthood.
For a free legal consultation, call 215.515.3360
Domestic Violence Procedures
When someone calls the police to report domestic violence, Pennsylvania’s domestic violence laws require them to make an arrest. The prosecutor then decides whether or not to press charges. The victim does not have the option to drop the charges after a report has been made.
If you’re arrested for domestic violence, your best bet is to stay silent, avoid incriminating yourself, and immediately contact a lawyer.
Common Defense Strategies
Domestic violence charges are very difficult to defend. Self-defense is a common defense, but it’s a hard one to prove. This is especially true when a man is claiming that he had to defend himself against a female aggressor.
Defense of others is another possible defense claim. Under Pennsylvania law, if you believe someone else is in immediate danger of potential injury you’re allowed to use reasonable force to stop the situation.
While preparing your defense, your attorney will also look for evidence of witness bias or anything that cuts down your accuser’s credibility.
Other common defense strategies include:
- Lack-of-Proof
- Wrong suspect
- Fabrication/ false allegations
- Consent
Each of these defenses can be effective, depending on the specifics of your case. However, proving your innocence is almost impossible to do without the expertise of a good lawyer. This is not something you should ever try to handle on your own.
For The Best Defense Against Domestic Violence Charges Contact The Law Offices of M.J. Snyder Today!
If you’ve been accused of domestic violence in PA, what happens next will have a major impact on every aspect of your life. Don’t take it lightly.
An experienced attorney will help you prepare your defense and represent your rights in court. Call The Law Offices of M.J. Snyder at 215-515-3360 today to schedule a free consultation!
