Florence Domestic Violence Defense Lawyer

Experienced Domestic Violence Defense Attorney in Florence, AL

Any allegations of domestic violence are serious, regardless of the specific charges. Many charges are considered felonies, which can impact your criminal record and limit future opportunities. If you have been charged with domestic violence, contact skilled Florence domestic violence defense lawyer team at the Law Office of Brad Phillips LLC, and  learn how you might be able to reduce your charges or have them dismissed.

Effective and Targeted Legal Representation in Florence AL

The Law Office of Brad Phillips, LLC, has represented thousands of clients in the North Alabama and Tennessee area. Based in Florence, Alabama, we have a unique knowledge of criminal law and the criminal courts in the region. Let our experience as a skilled criminal defense lawyer work for you and your criminal charges case. Contact us to learn more about what we can do for your specific situation.

What Is Domestic Violence?

In order to be convicted of domestic violence, the court must prove two things:

• The defendant committed an act of violence toward another person.
• The two people involved had a specific type of relationship.

There are several different events that a prosecutor might claim as domestic violence, including:

• Property damage like arson or trespassing
• Abuse or assault, which includes acts like child abuse and sexual abuse
• Making someone feel threatened, including charges like criminal coercion, harassment, and menacing
• Kidnapping, stalking, or imprisoning someone

If a person has a protection order against the defendant, the defendant must follow what is stated in the order, whether it is avoiding contact or staying physically away from the victim. If a defendant is found in violation of this order, it can also be followed with criminal charges.

In order for violent acts to be considered domestic violence, the people involved must be in a relationship similar to the following:

• A dating relationship or marriage, regardless of whether the marriage is still valid or not
• A familial relationship like a parent or a child, either biological or step-relative
• A residential relationship in which the two individuals are living in the same household

Why Do I Need an Attorney if I’ve Been Accused of Domestic Violence?

Even if you are certain that you did not commit the actions outlined in your criminal charges, you must convince the jury to believe you. An attorney can help your position hold up in court. They can develop a defense strategy for you based on your circumstances. Common defense strategies for domestic violence charges include:

• Self-Defense. In some instances, an individual might accuse someone of domestic violence to hide violent activities that they themselves committed. If you performed certain actions out of fear for your own safety, it might be considered self-defense in the context of your case.
• Incorrect Charges. Unfortunately, some individuals attempt to have former spouses or partners convicted of domestic violence charges in an attempt to receive custody over children or more assets in a divorce. The charges you have received may have no basis in reality and could be a way for a spouse to attempt to get what they want.
• Lack of Evidence. In many cases, there is little evidence proving that you committed the crime. Sometimes, law enforcement obtains evidence illegally through searches and seizures that do not follow procedure. If evidence was obtained illegally, it might be disqualified. In this case, it cannot be used to prove something that you may or may not have done.
• Identity. This type of defense is less common in domestic violence cases, but it is possible that the person pressing charges might not be able to identify you in a lineup. This means that they might not know who committed the crimes for which you are being accused.

Per the CDC, one in four women and one in seven men have experienced sexual violence, and every domestic violence case in Florence is different and requires a different strategy to receive a positive outcome. This is why it is so important to work with an experienced attorney when defending against domestic violence charges. They can gather evidence, speak to law enforcement, and perform other actions on your behalf to stand up for your position both in and out of court.

When Should You Hire a Domestic Violence Defense Lawyer?

If you have been accused of domestic violence, it is important to contact a Florence domestic violence defense lawyer as soon as possible. Many people make the mistake of waiting until formal charges are filed, but law enforcement officers and prosecutors tend to begin building a case immediately after an allegation is reported.

You should consider speaking with a lawyer if:

• Police have contacted you about an incident.
• You have been arrested or questioned.
• A protective order has been requested against you.
• You have received notice or are facing pending criminal charges.
• You believe allegations may be forthcoming following a dispute or domestic incident.

In 2022, there were at least 104 domestic violence-related homicides in Alabama. From 2020 to 2023, Lauderdale County saw over 1,200 reports of domestic violence. Early legal intervention can help protect your rights and prevent mistakes that could negatively affect your defense. Statements made to police, text messages sent after an argument, and social media activity may all become evidence in a criminal case.

A seasoned domestic violence defense lawyer can help you understand what information should and should not be shared with investigators, review the allegations against you, and begin preserving evidence that may support your defense. In some cases, important evidence can disappear quickly if action is not taken promptly.

Because domestic violence accusations tend to arise in emotionally charged situations involving family members, spouses, or former partners, obtaining legal guidance early is critical.

Why It Is Essential to Have a Lawyer if You Are Accused

Many domestic violence allegations involve a lot more than conflicting versions of events. A conviction can impact nearly every aspect of your life, including your freedom, employment opportunities, housing options, professional licenses, and firearm rights.

Working with a Florence domestic violence defense attorney can provide important protections throughout the legal process. An attorney can:

• Look over police reports for inaccuracies or inconsistencies
• Analyze statements from witnesses
• Examine text messages, emails, and other communications
• Identify constitutional violations or procedural errors
• Challenge unreliable or insufficient evidence
• Negotiate with prosecutors when appropriate
• Prepare a strong defense for trial if necessary

Domestic violence cases generally involve limited physical evidence and competing accounts of what occurred. In cases like this, witness credibility, context, and careful investigation can become vitally important. Hire a domestic violence defense attorney to work with you on your case.

In addition to criminal penalties, a domestic violence allegation can have effects that go beyond the courtroom. Depending on the specifics, an accusation may impact child custody matters, protective order proceedings, employment opportunities, housing applications, and professional licensing. Even if charges are reduced and dismissed altogether, the accusations themselves can have a lifelong impact.

Working with a lawyer early in the process can help safeguard your rights and provide you with a chance to effectively respond to the allegations against you. A seasoned defense attorney understands all that is at stake, and they can work tirelessly to have charges against you dismissed or reduced.

FAQs

What Is Second-Degree Domestic Violence in Alabama?

Second-degree domestic violence depends on the victim that the violent action was committed against. In Alabama, domestic violence is considered second-degree if the victim is related to the aggressor in some way. This can include things like current and former partners, children or parents, or other residents of the household. Domestic violence charges can include many different types of charges, including assault, stalking, and harassment.

How Long Does Domestic Violence Stay on Your Record in Alabama?

Domestic violence usually stays on your record permanently in Alabama. In most cases, domestic violence is considered a felony. Most violent felonies stay on a criminal record permanently if the individual has been found guilty of the charges.

Some misdemeanors and felonies are eligible for expungement in Alabama, but this mostly applies to nonviolent offenses. If the charges were dropped or if the defendant was not found guilty, it might be possible to have them expunged or removed from a criminal record.

What Is Third-Degree Domestic Violence in Alabama?

Certain crimes that fall under domestic violence are considered third-degree crimes in Alabama. These crimes include things like harassment, reckless endangerment, coercion, and third-degree assault. Third-degree domestic violence charges are usually considered a misdemeanor. For the crime to be considered domestic violence, there must have been a specific type of familial or romantic relationship between the victim and the defendant.

Does Harassment Qualify as Domestic Violence in Alabama?

There are many different types of actions that qualify as domestic violence in Alabama, including harassment. Virtually any action that makes another person feel threatened or annoyed can be seen as harassment. Common actions include things like:

• Touching someone without their consent
• Crude or vulgar language or gestures
• Making threats
• Harassing someone using a communication channel like mail, text, or email

Contact The Law Office of Brad Phillips, LLC, to Get Defense Related to Domestic Violence Cases

Don’t let someone else’s accusations affect your opportunities in life. For a comprehensive defense strategy tailored to your individual situation and needs, contact The Law Office of Brad Phillips, LLC. Schedule a consultation today to learn more about your options and what actions you should take to improve your odds of success.

Florence, AL Domestic Violence Defense Resources

• Domestic Violence Laws in Alabama