Domestic Violence Lawyer Salt Lake City UT

Salt Lake City Domestic Violence Criminal Defense Law Firm

At Rasmussen & Miner, a domestic violence lawyer Salt Lake City UT residents trust does not take charges of domestic violence lightly. These cases often involve more than just charges and penalties. Assault, violation of an order of protection, child endangerment, and other charges can be added onto your case. Taking the right actions early can make a tremendous difference in the results of your case. The strength of your argument is dependent on a number of factors, but taking the appropriate steps to protect yourself is key. By doing so, you can ensure you set yourself up for the best possible outcome to your charges by speaking with a domestic violence lawyer from Rasmussen & Miner.

A domestic violence charge should always be taken seriously and should not be ignored. It can be difficult to figure out how to best handle such a charge brought against you. You may feel like you have limited options and there is only so much you can do once a charge has been determined. However, it is important to remember that a domestic violence lawyer can provide you with the critical help you need to develop a defense. Consult with a lawyer right away so that they can get to work on your case. If you were arrested for domestic violence, you may want to consult with a lawyer from our law firm. It is important that you seek legal help right away once you face any kind of criminal charge. The sooner you act, the better your chances of having the strongest defense. When you go to a lawyer, you can gain peace of mind that you don’t have to go through your dilemma alone. We have years of experience with criminal defense cases and we may be able to provide invaluable counsel on your case.

What Constitutes Domestic Violence?

Domestic violence occurs when a person physically harms or threatens to harm a cohabitant. Cohabitants may include spouses, romantic partners, people who have children together, and family members such as children. A credible threat of physical abuse or evidence is used as a basis for a domestic violence charge to be initiated. There must be probable cause for the police to arrest a person for domestic violence. For example, if the person who reported the domestic abuse has a black eye, the police may have probable cause to arrest the accused.

What Should I Do After The Incident?

Domestic violence incidents often result in some kind of case, whether that be criminal or civil. So, if you were arrested after an incident with another person, there are steps you can take to increase your chances of winning the case. Talk to a lawyer immediately to receive guidance about the right steps you should take to boost your defense. At Rasmussen & Miner, we suggest doing a few things right away to help protect your best interests:

Identify whether you have serious injuries.

If you were injured during the altercation with another person, take photographs or videos of the injury as evidence. Photos are one of the strongest pieces of evidence in a domestic violence case. Take photos of your injury on the day of the incident, as well as in the days following it. Discoloration and other changes to your injury can develop, so these details should also be mentioned in your argument. This can be influential proof and is critical to use against the complaining person. If you inflicted harm against the complaining person and acted in self-defense, then your charge may be reduced or even dropped. This kind of evidence can also help build your defense if you were acting out of protection for your own well-being. All of these factors will be considered in court, so it is crucial to present as much information and evidence as possible to bolster your defense in a domestic violence case.

Keep communication exchanges between you and the other person.

When you are in the midst of a domestic violence case, it is crucial that you are cautious and mindful about your communications. If you think that there are incriminating messages, you may be tempted to get rid of them. However, this may only harm your case. Do not delete emails, voice messages, text messages, or handwritten notes. You may be tempted to block this person on your social media and from your phone, so that you don’t receive their attempts to contact you. We may suggest not getting into further arguments with the other party, but by leaving a line of communication open, it can work in your favor later on. Depending on what they say, it can be used to support your side of the story in court.  Don’t antagonize the other person, instigate conflicts or confront them about anything. Do not communicate with them at all at any time during your case. If there is a specific topic that you are concerned about, mention it to your lawyer and they can advise you on how to best approach it.

Be proactive and get a lawyer immediately.

Do not wait until after your first court date to see if you need a lawyer. You want to be proactive and hire experienced legal representation before the situation escalates. Domestic violence charges can be complex, and it can be challenging to put together the best defense strategies that will work for you. You may be tempted to approach the situation with a “wait-and-see” approach, but we advise against it. Delaying action is one of the biggest mistakes that clients involved in a domestic violence case can make. Because you may be at risk for a domestic violence charge, it is crucial that you get assistance from the very start. Early action is necessary if you want to maximize your chances of getting the best results.

Talk with witnesses and get contact information.

If there were witnesses to the incident and you feel their perspective could benefit your side, then we encourage you to speak with them and pass on their contact details to us. We can ask questions to see if they should be part of your defense strategy. When vetting the witness for credibility, we will be considering the following:

• The witness’ demeanor
• The angle and clarity in which they saw the incident
• Whether they were intoxicated at the time
• What they did in response to the situation
• Their relationship to you and the other party

When Is Domestic Violence a Felony and When Is It a Misdemeanor?

Your experienced domestic violence lawyer knows that not all domestic violence charges are created equal. Some are treated as more minor offenses and some are treated as far more severe criminal offenses. It is important to understand the differences in the ways these charges are implemented for a number of reasons. First, misdemeanor domestic violence offenses are generally punished less severely than felony domestic violence offenses. Second, because one category of offenses is treated more severely within the criminal justice system, that category of offenses generally leads to more long-term consequences “outside” the criminal justice system as well. A domestic violence lawyer at Rasmussen & Miner is here for you.

Domestic Violence Charges: The Basics

Domestic violence is a term used to describe any number of violent (and some non-violent) actions taken against another member of one’s family, household, or romantic partnership. A spouse, unmarried significant other, child, roommate, parent, sibling, or other individual meeting certain basic qualifications can be considered a victim of domestic violence. If an individual is not a romantic partner, family member, or member of one’s household, violence against that person can be treated as a misdemeanor or felony in another category of criminal offenses. If someone hits a fellow patron at a bar, for example, this would not be considered domestic violence but the offender would likely be charged with assault and battery.

It is also possible that aggravating factors may elevate a misdemeanor offense to a felony, under certain circumstances. For example, if an individual charged with a misdemeanor domestic violence is a repeat offender currently on probation, that offense may be elevated to a felony by prosecutors. In general, felonies are treated as more egregious as they carry potential terms of imprisonment greater than one year. Misdemeanor offenses may not be punishable by more than one year in prison (in addition to fines, community service requirements, etc.)

What are protective orders and no-contact orders?

These are the two most common court orders meant to protect alleged victims from alleged perpetrators of domestic violence. It is easy to get them confused, so we’ve provided a basic overview of each below.

Protective orders: If two people are in an ongoing conflict and one person fears violence or other harm, they can request a protective order. There doesn’t need to be any previous criminal history or police involvement to warrant a protective order. If the person named in the protective order violates it, the alleged victim can call the police. And if a police officer determines that the order was violated, they are required to make an arrest.

No-contact orders: Unlike protective orders, no-contact orders can be issued by a court without a request from the alleged victim. Often, a court will issue the order after a criminal case has been initiated (often stemming from a domestic violence arrest). These orders are very restrictive. If you were the subject of a no-contact order, you would likely be prohibited from having any contact with the alleged victim, either directly or through a third party. You’d also be prohibited from coming near the alleged victim, going to their residence, or going anywhere they may be temporarily staying.

If you’ve been accused of violating either type of order, it is critical to seek the help of our Salt Lake City, UT domestic violence lawyer at Rasmussen & Miner. We will help you understand the charges you are facing and what options are available to you under Utah law. We will then immediately start working to reduce, dismiss, or defend you against the charges.

What happens if the alleged victim doesn’t want to press charges?

This is a common question for someone to ask a Salt Lake City, UT Domestic Violence Lawyer. Unfortunately, most people have been misinformed about what an alleged victim can and cannot to do influence the criminal process. Once police get involved in a domestic violence case, it is very likely that criminal charges will be filed, regardless of the alleged victim’s stated wishes. In Utah and other states, prosecutors have realized that domestic violence victims are susceptible to being coerced into asking to have the charges dropped. Therefore, the decision is taken out of their hands.   If you’ve been arrested and charges are pending, don’t try to reason with the alleged victim. Contact the attorneys at Rasmussen & Miner instead.

What should I look for in an attorney?

Some criminal defense attorneys do not accept any domestic violence cases. So the first thing to do is to ensure that you are hiring an advertised Salt Lake City, UT Domestic Violence Lawyer. Beyond that, you should make sure that your attorney is thorough, knowledgeable, tenacious and ready to advocate for you at every step in the process. These should be traits you can take for granted, but not all lawyers have them. Thankfully, when you contact Rasmussen & Miner, you can be sure our attorneys have all these qualities and more.