Sunday, February 12, 2012

Charged With Domestic Violence | NH Legal Resource | Personal ...

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In New Hampshire, domestic violence law protects victims from the criminal acts of a family member, household member, or a current or former sexual partner.

New Hampshire Domestic Violence Law: Consequences of a Conviction

Domestic violence cases are taken very seriously and can result in stiff penalties. Those charged with domestic violence face consequences that include probation and the possibility of jail or imprisonment. Additionally, courts often impose mandatory counseling, which is time consuming and can be very costly.

After a domestic violence arrest, courts can also impose a ?no contact? bail condition. This condition prevents the defendant from contacting or speaking to the alleged victim or family members, and prevents the defendant from returning to the residence.

Under federal law, people actually convicted of domestic violence crimes will be prohibited from possessing firearms. A conviction may also affect employment status at jobs where background checks are regularly conducted, and child custody arrangements.

As a result of the severe domestic violence penalties, charges for domestic violence must be taken seriously. If you have been charged with domestic violence, you need a qualified and experienced NH domestic violence lawyer . Attorney Russman has experience successfully defending various domestic violence cases. Attorney Russman can help fight the charges and help you avoid the severe penalties that can result.

Domestic Violence Cases

Relationships have their ups and downs. Anger and frustration are feelings both partners will tend to experience from time to time. This often results in disagreements and arguments. A partner may become loud and aggressive toward the other partner.

This may cause law enforcement to come to the residence. If they do, someone will usually be arrested. This is how a little private argument turns into a big public investigation with serious potential consequences.

Although men have historically been arrested more frequently for domestic violence than women, there are several domestic violence cases where the woman is the alleged abuser. Women can be arrested for the same reasons that men can be arrested.

A NH Domestic Violence Arrest

Police may make an arrest for domestic violence for a:

  • simple assault
  • criminal restraint
  • criminal threatening

In order to be convicted, the act itself must constitute a credible threat to the safety of the plaintiff.

In domestic violence cases, the plaintiff has the burden of proof. The plaintiff must show that the defendant threatened his or her safety by a preponderance of the evidence. The preponderance of the evidence standard requires that the plaintiff convince the court that it was more likely than not that the defendant?s conduct was a threat.

NH Domestic Violence Lawyer

A NH domestic violence attorney can help build your case. If you did not do anything wrong, Attorney Russman can help prove that there was no credible threat to the plaintiff?s safety and highlight that the arrest was made based on your gender.

He can also help protect you from the awful feelings and stigma that accompany a domestic violence conviction.

It may be possible to work the case out with the prosecutor with a simple mandate for counseling or probation. Or, the case may have to go to trial. If the case goes to trial, you want Attorney Russman to fight for your rights and your freedom.


Source: http://blog.russmanlaw.com/criminal-defense/domestic-abuse-criminal-defense/charged-with-domestic-violence/

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