In Pennsylvania, domestic violence is defined as a criminal offense that involves members of the same household. It applies to parents, children, romantic partners, and individuals who were once married. It requires the court to step in and take action to protect the victim. A defense attorney in Lititz, PA presents a viable defense for individuals accused of these offenses.
How Are Domestic Violence Charges Applied?
Domestic violence is a classification of the crime. It is applied to a variety of offenses such as assault and battery, sexual assault, and attempted murder. The classification increases the charge and its penalties. The legal approach to the offenses is to increase the crime based on its classification and punish the accused based on an offense related to a household member.
How Is the Penalty Defined?
The penalty is defined by the original penalty of the crime. For example, a standard assault and battery charge could equate to up to five years in prison. However, with the domestic violence classification, the court could double the penalty. If the victim is a child, the penalty could be extended further.
How Do Protection Orders Work?
Protection orders are court orders used to protect the victim. They prohibit the defendant from having any contact with the victim. They cannot visit their home or the place of employment for the victim. They cannot contact them through phone calls, emails, text messages, or any other option.
Is There a Defense for Violations of Protection Orders?
Yes, there are defenses for violations of the protection order. A mistake of fact is a common defense. In these cases, it is possible for the office to mistake the victim for the attacker. A reassessment of the facts could identify the true victim and eliminate the criminal charges.
In Pennsylvania, domestic violence charges relate to crimes against family members. The classification could increase the potential penalty for the offense. It could also affect the outcome of related divorce cases. They also lead to protection orders that can present further violations and charges. Defendants who are facing the charges contact a defense attorney in Lititz, PA through the Law Office of Melissa R. Montgomery today.