Domestic Violence

Complainants in domestic violence cases often seek civil protection orders and anti-stalking orders alongside criminal charges. These orders, akin to restraining orders, impose restrictions on contact and may require defendants to leave shared residences, lose custodial rights, enter into court mandated treatment programs, and relinquish their firearm. Our legal team is adept at handling protective orders and safeguarding our clients’ rights throughout legal proceedings.

In DC, domestic violence cases are handled by a specialized division of the United States Attorney’s Office, and they’re often pursued more vigorously than typical misdemeanors.

Even if the complainant doesn’t want to proceed with the case, domestic violence prosecutors often continue with prosecution.

If the complainant doesn’t show up for trial after being subpoenaed, prosecutors may seek a material witness warrant, and in serious cases, the witness could be arrested by the US Marshals.

Sometimes, prosecutors proceed with trial even without the complainant ‘s testimony. Usually, hearsay evidence isn’t allowed in court, but there are exceptions, especially in DV cases, where such statements may be admitted to prove the government’s case.

These cases are taken very seriously, so it’s crucial to hire a skilled defense lawyer specializing in domestic violence cases in DC.

Misdemeanor charges for domestic violence carry the same maximum penalty as regular criminal court charges, typically up to 180 days in jail and/or a $1,000 fine. However, these cases are prosecuted more aggressively and can lead to significant collateral consequences.

Felony offenses involving intra-family relationships carry much harsher penalties, with potential prison sentences exceeding one year. Common felony domestic violence charges include assault causing significant bodily injury and making felony threats.

Domestic violence convictions can lead to various collateral consequences, including the loss of firearm possession rights under federal and DC law. Additionally, the stigma of a domestic violence charge and its impact on job prospects and security clearances is more serious than for regular misdemeanor offenses in the District of Columbia.

Despite the possibility of false accusations, domestic violence allegations should be taken seriously. A skilled domestic violence lawyer can explore defenses such as proving the accusations false, demonstrating self-defense, or showing that injuries were not caused by the accused or were accidental.

It’s important to discuss defense strategies thoroughly with your DC domestic violence attorney to improve your chances of minimizing penalties.

Unfortunately, Washington DC has a mandatory arrest law that requires the police to arrest at least one member of an alleged domestic dispute if there is probable cause to that violence occurred. Often, this leads to one or both individuals being arrested and later having their matter “no papered” or dismissed by the prosecutor’s office. When cases are “no papered,” defendants may be eligible to seal their arrest record through a motion to seal.

Our experienced domestic violence attorneys employ a range of defense strategies tailored to each case. These may include disproving false accusations, demonstrating self-defense, questioning the extent of injuries, and navigating nuanced evidentiary rules specific to domestic violence cases.

If you or a loved one, are facing domestic violence charges in Washington, DC, consulting with an experienced domestic violence lawyer is essential. An experienced domestic violence attorney can help you understand your options, build a defense strategy, and navigate the legal system effectively. Contact Monument Legal today for a consultation and personalized legal assistance tailored to your case.