Domestic Violence FAQs
Is “Domestic Violence” a criminal charge?
Domestic Violence is an element of other crimes that can be used to enhance penalties for certain crimes. Typically, these crimes are assault, violation of a no contact or protection order, malicious mischief, interfering with reporting a 911 call and sometimes trespass and burglary.
If there is a no contact order against me, what if they contact me first?
You must walk away. Unfortunately, there is no explicit exception in the statute allowing you to have contact, so you are in peril if you return the communication
What are the consequences of Domestic Violence Conviction?
Conviction for a DV crime will forfeit your right to possess a firearm.
After completion of your sentence, plus a waiting period, your gun rights can be restored by a Superior Court, not a municipal or city court.
What if the “victim” does not want to press charges?
The State or City can still proceed with charges against you. The victim is a witness and the prosecutor can even compel their court attendance by warrant. In all practicality, the victim must make their desires obvious to the prosecutors. At Jensen Legal we often times work directly with the victim to let their position become well known to the prosecutor. In these cases we frequently refer the victim to another attorney for independent legal advice.
I’ve been charged with a DV, should I get a protection order against them?
In principal this sounds like a good idea. In practice, at Jensen Legal we often find this just stirs the pot more than simmering the fire. After a full discussion of all your issues and our case strategy, the decision will be yours to make.
Will the Public Defense Attorney work for me?
Maybe, maybe not. Public Defenders have lots of cases and that means they will know little details that some inexperienced attorneys will miss. On the other hand, they have lots of cases which means they may not have time to handle all the details to wage a good defense. You get who you get. If you retain Jensen Legal you have an experienced attorney who will pay attention to all the facts of your case and represent you fully. It’s your case.