A domestic violence charge can have serious and lasting consequences that affect nearly every part of a person’s life. Because courts and employers treat such cases seriously, the long-term effects can continue long after the legal process ends.
Approximately one in four women and one in nine men experience severe intimate partner physical violence during their lifetime, according to the National Coalition Against Domestic Violence. And with domestic violence remaining a major issue across the United States, a mere arrest or criminal charge can already affect a person’s employment opportunities and future endeavors.
But there is still a chance for defense if you are accused and charged with the crime. Cary domestic violence lawyer Lindsey D. Granados says that you should contact a lawyer and discuss possible defenses to the allegations and determine if you want to consent to a no-contact order or if you want to fight it.
Let’s find out why domestic violence charges carry serious legal, financial, and personal consequences.
Criminal Penalties: What a Conviction Means Directly
The prosecution of domestic violence crimes proceeds to trial as either misdemeanor or felony charges based on three specific factors, which include the degree of the offense and any weapon use. They also consider any prior convictions and the connections among the individuals involved.
The legal penalties for a first-time domestic assault misdemeanor charge lead to a maximum county jail time of one year, financial penalties, required participation in counseling or batterer’s intervention programs, and probation requirements.
A felony conviction results in a much longer prison term, usually lasting from one year to several years, and creates an ongoing record of felony charges that will affect all future employment, housing, and professional license applications.
Protective orders, which forbid defendants from contacting victims and entering shared homes and workplaces, are usually issued by courts during both release and sentencing proceedings for durations ranging from months to years.
On the other hand, you are not required to answer any questions from the police regarding the facts or allegations if you are arrested. According to https://www.harrisandharrislaw.com/, the Sixth Amendment preserves your right to legal counsel, so you should remain silent until you can speak with an attorney.
The Federal Firearms Prohibition: A Lifetime Consequence
Defendants usually lack complete understanding of this consequence until their case reaches its conclusion. Under 18 U.S.C. § 922(g)(9), any person convicted of a misdemeanor crime of domestic violence is permanently prohibited from purchasing, possessing, receiving, transporting, or shipping any firearm or ammunition.
The prohibition applies to all types of convictions. This includes federal, state, and local offenses. It applies to law enforcement and military personnel as well as civilians, with no governmental exception.
The act of violating federal firearms restrictions constitutes a federal offense that carries a potential penalty of 15 years in federal prison. The prohibition covers not only domestic violence convictions but also any misdemeanor conviction that involves domestic or intimate partner relationships through physical force or attempted physical force.
A domestic violence misdemeanor conviction results in permanent career termination for all people who work as law enforcement officers, security guards, military members, and others who need firearms for their jobs.
Employment and Professional Licensing
Most employers conduct criminal background checks. A domestic violence charge, even one that did not result in a conviction, will typically appear unless it has been expunged or sealed. An applicant is disqualified from positions that require a clean record because any conviction, including misdemeanors, prohibits him or her from applying.
The following industries automatically disqualify individuals who have domestic violence convictions:
- Law enforcement and corrections
- Healthcare, which includes nursing and medical practice and home care services
- Education and childcare
- Financial services and positions that require fiduciary responsibility
- Government employment that needs security clearances
Having a criminal record can result in professional licenses being suspended or revoked by licensing boards. And in some states, a domestic violence conviction is a case that must be reported to a licensing board for review.
Family Court and Child Custody
The courts must evaluate domestic violence convictions, which exist in many jurisdictions as substantiated charges, when they decide on child custody and visitation rights. The majority of state laws require judges to assess domestic violence evidence when they determine what arrangements serve the best interests of the child.
A conviction can lead to supervised visitation rights, which may reduce parenting time or result in complete custody loss in extreme situations. The courts evaluate whether a parent poses a continuing danger to their spouse and children when determining custody schedules.
The family court proceedings function separately from the criminal case because a criminal defendant’s plea to a lesser charge does not stop the other party from using that conduct as proof in custody hearings.
Immigration Consequences
The federal immigration law establishes deportation requirements for non-citizens who are convicted of domestic violence offenses. According to 8 U.S.C. § 1227, an alien who receives a domestic violence conviction, a stalking conviction, or a protective order violation conviction is ordered for deportation.
This rule applies to people who hold permanent residency and to people who possess visas. Federal immigration authorities initiate deportation cases against individuals based on their conviction records.
A defendant who enters a no-contest plea experiences identical immigration effects as a defendant who enters a guilty plea. Defendants who are not U.S. citizens must understand the immigration implications of any resolution before accepting it, because a plea agreement that appears to benefit them may result in their deportation.
The Charge Itself Has Consequences Before Any Conviction
The law establishes that an arrest for domestic violence generates a permanent record that background checks will detect even if the case ends with a dismissal or the defendant wins an acquittal.
Most states allow expungement of dismissed charges, but the availability and process for expungement vary by jurisdiction and are not automatic. The arrest record stays active until the defendant takes steps to remove it from their record.
The legal consequences described here, which include firearms restrictions, employment limitations, licensing restrictions, custody rights, and immigration effects, require defense strategies that extend beyond criminal penalties for domestic violence charges.
A defendant can protect their right to work, own property, have contact with their children, and, in some cases, remain in the country by resolving the case through methods that either achieve dismissal or reduce the legal consequences of their conviction.
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