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Delaware County Domestic Violence Attorney

Domestic violence typically refers to aggressive behaviors or violence within the home, among members of the same family or household. Domestic violence is a serious crime that can come with penalties ranging from community service to jail time in Pennsylvania. If you or someone you love is facing domestic violence allegations call a Delaware County domestic violence lawyer at Ciccarelli Law Offices for a free consultation. We may be able to help you fight back against criminal charges to secure a brighter future. Contact us today.

What Makes Our Domestic Violence Attorneys Unique?

  • Our lawyers have decades of experience specifically handling domestic violence cases throughout Pennsylvania. We know how to create strong defense strategies on behalf of our clients.
  • Our firm believes in a group approach to criminal defense. You will benefit from multiple domestic violence attorneys working together on your case, combining their talents to create an even stronger defense.
  • Our attorneys offer their services at reasonable rates. We may use a flat fee hourly rate, along with alternate forms of payments such as accepting credit cards with most companies.

Pennsylvania Domestic Violence Laws

Understanding domestic violence laws in your state is one of the first steps to take toward building a criminal defense. You may not know how to fight the charges against you until you understand the details of the surrounding laws. In Pennsylvania, domestic violence is not its own crime. Instead, the courts combine it with typical assault or battery charges depending on the situation. If someone calls regarding a domestic violence situation, the police simply make special considerations that they would not for other assault allegations.

When responding to domestic violence calls, the police must make an arrest. It does not matter if the alleged victim takes back the accusations or decides not to press charges. The police must make an arrest, and then leave it up to the prosecutor whether or not to proceed with criminal charges. The penalties for a domestic violence conviction can range significantly depending on the circumstances leading up to the call. A defendant could face anything from mandatory anger management counseling to a felony assault conviction with jail time.

Who is Considered a Household or Family Member?

Delaware County domestic violence attorneys

For the criminal charges against you to be classified as a domestic violence-related offense, the crime must involve specific parties. In fact, domestic violence charges will only apply if the alleged victim in your case is considered a household or family member. The alleged victim will always have a current or prior relationship with the defendant. 

It does not matter if your relationship with the alleged victim was strictly platonic as roommates, romantic or intimate, or qualifies as a family relationship, if you had any type of relationship with the alleged victim in the past, your charges could be deemed domestic violence-related. Some of the most common parties who may be considered household or family members include:

  • Current or former spouses
  • Current or former boyfriends or girlfriends
  • Current or former roommates
  • Siblings
  • Parents
  • Grandparents
  • Adoptive parents or stepparents
  • Nieces or nephews
  • Children
  • Adult children

Stacked Charges Could Lead to a Harsher Sentence 

One of the biggest concerns surrounding domestic violence allegations involves stacked criminal charges. This occurs when law enforcement officials accuse you of committing multiple criminal offenses related to a single event. 

When the criminal charges against you are classified as domestic violence-related, you can expect to face far more severe penalties. Some of the most common charges that may be stacked in Delaware County domestic violence cases include:

Possible Penalties For a Domestic Violence Conviction

The penalties you face will be based on the type of domestic violence charges filed against you. For example, if you are charged with harassment, this could be tried as a third-degree misdemeanor. If convicted, you could pay up to $2,000 in fines and spend up to one year in a Delaware County jail. 

Alternatively, if you are charged with making terroristic threats, you could be facing a third-degree felony. If convicted, you may spend up to seven years in a Pennsylvania state prison and be ordered to pay fines not to exceed $15,000.

In addition to incarceration and fines, there are other criminal penalties and collateral consequences that could continue to affect your life for years to come. Some examples of these penalties could include:

  • Completion of community service
  • Attendance at group therapy or mental health counseling
  • Meetings with probation officers
  • Suspension of your driver’s license
  • Registration as a sex offender
  • Housing restrictions
  • Job loss and trouble finding work
  • Disqualification from federal student aid
  • Immigration and citizenship issues, including the risk of deportation
  • Loss of firearm rights
  • Loss of child custody or visitation rights

How to Fight Domestic Violence Charges in Pennsylvania

It is very important to trust your domestic violence criminal defense to an attorney with plenty of experience handling these types of claims. The courts in Pennsylvania may group domestic violence with other assault charges, but the defendant’s legal defense must still specifically address the crime at hand. The defense strategy available in your case will depend on the unique situation and facts of the case, as well as your criminal history.

  • False allegations
  • No violence occurred
  • Wrong defendant
  • Lack of intent
  • Lack of knowledge
  • Self-defense
  • Defense of others
  • Intoxication
  • Provocation
  • Insanity

It is up to the prosecutor to prove your guilt during a domestic violence case – not for you to prove your innocence. Your defense, therefore, often involves poking holes in the prosecutor’s case against you. A criminal defense lawyer from Ciccarelli Law Offices can investigate what happened, discover any evidence the other side has against you, and take steps to defend you from the allegations you face. Trusting your case to the right Delaware County domestic violence lawyer can make all the difference.

Delaware County Domestic Violence FAQ

Your entire future could be in jeopardy when you are facing charges that have been classified as related to domestic violence (DV). It has never been more important to get an experienced criminal defense attorney on your side who has the resources you need to clear your name of the charges against you. 

We understand how difficult it could be to find the right domestic violence defense lawyer when you have so many unanswered questions about the charges against you and what to expect from your defense. 

For this reason, we have created a quick FAQ below that answers common questions that individuals facing DV allegations have reported over the last 20+ years. Do not hesitate to contact our legal team to schedule a confidential consultation if you have additional questions or concerns that were not discussed on this page.

Can I Post Bail?

It depends on the specific details of your case. The judge has the authority to set or revoke bail based on the type of domestic violence charges against you, your criminal history, whether you are a flight risk, and how strong your ties to the community may be. 

In some instances, the judge may agree to release you on your own recognizance (ROR). This means you will be released from police custody without having to post bail. You will agree to appear at your next court appearance if you are ROR. 

If bail is set in your case because the judge has concerns that you will not show up at your next court date, you may need to pay a cash bail or bond to secure your release. Working with a domestic violence attorney in Delaware County may be the best way to ensure your bail arrangements are made in advance so you can get out of jail sooner.

What Happens if There is a Restraining Order Against Me?

It is common for restraining orders, also commonly referred to as protective orders or protection from abuse orders (PFA), to be taken out in domestic violence cases. Most protection orders prohibit the defendant from having any contact with the alleged victim. 

This means you will be prohibited from texting, calling, messaging them on social media, or attempting to communicate with them in any way. Some protection from abuse orders will also require you to leave your shared home or stay away from your shared children.

If a temporary protective order has been issued, there will be a hearing to determine whether the restraining order should be extended. This will be our opportunity to challenge the PFA so you can return to your home and your family. If the protection order is extended, you may need to find alternative accommodations until your case is resolved.

Can I Get a Domestic Violence Conviction Expunged?

When a criminal record is expunged, it is as if the conviction never occurred. Expungement is not available in every criminal case. In fact, under 18 Pa. C.S. 9122, there are specific requirements that must be met for any crime to be expunged or sealed. Certain types of domestic violence-related convictions may be eligible for expungement if you have not been charged with additional criminal offenses in the five years since your conviction. 

However, some types of domestic violence charges may not qualify for expungement. If you are convicted of sexual misconduct, a weapons or firearms offense, any crime that could be considered violent, or spent more than two years in a Pennsylvania state prison, you may be prohibited from getting your conviction erased.

Contact Us at (610) 692-8700

At Ciccarelli Law Offices, we know how difficult it can be to face domestic violence charges. We are here for you in your time of need. Our DELCO criminal defense attorneys can help you combat domestic violence allegations with proven defense strategies. We will work hard so that you can feel confident in your future. We will never leave you in the dark about the status of your criminal case, and answer your questions and concerns around the clock. Start your legal defense with a free consultation at our Delaware County law office. Request one online or by calling the office at (610) 692-8700.

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