Montgomery County Domestic Violence Attorney

There is a significant difference between relationship strife and domestic violence. The legal ramifications of domestic violence are complicated. Issues usually lie beneath the surface and are not reported to the police or 911, but an experienced criminal advocate can help you secure the help you need. 

If you or a loved one has been accused in a domestic violence case in Montgomery County, contact a Montgomery County domestic violence Attorney to assess the facts and provide smart strategies to mitigate the life-altering charges you may face. Working with a dedicated Montgomery criminal defense lawyer could make all the difference in the outcome of your case.  

Why Choose A Montgomery Domestic Violence Lawyer From Ciccarelli Law Offices?

• Our lawyers have years of experience handling Montgomery County domestic violence cases.
• Our lawyers understand the delicate nature of domestic violence cases and can assert your rights to equal treatment under the law.
• Our attorneys are committed to the facts. There are two sides to every case and our attorneys will look at all the evidence of the event in question.

Why You Need a Domestic Violence Lawyer From Us

Domestic violence accusations have serious legal, professional, and familial impacts. In Maryland, officers may even arrest an individual without a warrant, based on accusations alone. Hiring a domestic violence attorney in Montgomery County provides you with equal treatment to ensure that your rights are protected. 

Protective orders may also prohibit the accused from living in the same household, separation of pets or children, and may also require the surrender of firearms. A domestic violence attorney knows that you have the right to be heard in court before any of these legal actions are taken. A criminal defense attorney will analyze all of the evidence and explore every possible line of defense.

Domestic Violence Charges in Pennsylvania

Domestic violence is a serious crime. In Pennsylvania, domestic violence does not only encompass one’s spouse but can include anyone who is of blood relation or living in the same domicile. 

A person can be charged the same as if they committed the acts against a stranger, however, the Protection Laws specifically apply to persons living in the same household. Various charges are considered acts of domestic violence in Pennsylvania:

• Physical assault
• Attempted rape
• Rape under 18 Pa.C.S. § 3121
• False imprisonment
• Kidnapping
• Stalking
• Physical abuse
• Creation of fear of imminent harm

According to Code 23 Pa. C.S. 6101 officers have the ability to arrest an accused even without a warrant. An officer must first have reason to believe the accuser will cause harm again, evade arrest, or tamper with evidence. In this event, it is crucial for the individual to have a defense attorney to protect their rights.

Consequences That Come With a Montgomery County Domestic Violence Conviction

If you are found guilty of a domestic violence offense, the consequences could be felt across nearly every aspect of your life. The severity of the charges against you will depend on the type of domestic violence charge you are accused of committing. For example, if you are accused of stalking under 18 Pa. 2709.1, you could be charged with a first-degree misdemeanor. This is punishable by up to five years in prison and fines not to exceed $10,000.

However, if you are accused of kidnapping under 18 PA. 2902, you could be charged with a first-degree felony. If convicted, you could spend up to 20 years in prison and be ordered to pay fines of up to $25,000. Similarly, rape charges under 18 PA. 3121 are also considered a first-degree felony and punishable by up to 40 years in prison, and fines up to $100,000 depending on the age of the alleged victim in your case.

Incarceration and fines are just a couple of the criminal penalties that have been known to follow a domestic violence conviction. The type of offense you allegedly committed will determine whether you are charged at the misdemeanor or felony level, which will then determine the extent of your penalties. In addition to fines and jail or prison time, you may also be required to register as a sex offender according to Megan’s Law. If you are required to register as a sex offender, you will be designated a tiered offender status. If you are designated a Tier 1 sex offender, you will be required to register as a sex offender for a minimum of 15 years. Tier 3 sex offenders are required to register for the rest of their lives.

Collateral Penalties Are Far More Impactful 

The collateral consequences you will face may be devastating. You might have hoped to put the domestic violence case behind you, but collateral consequences guarantee you continue to be haunted by your past for the foreseeable future. For example, a domestic violence conviction could strip you of your child custody or visitation rights, particularly if the Montgomery County Court system determines you are a risk to your child’s safety or well-being. 

With a domestic violence conviction on your record, you may find it impossible to find gainful employment. If you were convicted at the felony level, when filling out job applications, you will need to be honest about your criminal record. This may ultimately mean prospective employers pass you over for job opportunities. You may not even be able to go back to school, as a conviction on your record could render you ineligible for federal student financial aid. 

You will also lose your firearm rights, may be at risk for immigration issues or deportation, and will need to deal with the personal and professional reputational damage related to your conviction. Relationships with friends and family members may be strained, you may have your professional license suspended or revoked, and if required to register as a sex offender, your personal information will be made available to your community, which could put your safety at risk. With your future on the line, clearing your name of the domestic violence charges against you should be a top priority.

Defenses For Domestic Violence Charges

Being accused of domestic violence is vastly different than being found guilty. If an individual is found guilty, there are serious penalties including fines and incarceration. The accused will also have a criminal record, face challenges in career advancement, and have to follow strict child custody arrangements. Before any of these life-altering decisions are made, a defense attorney will make sure you are protected every step of the way.

Possible defenses in domestic violence cases are that they did not do it and it was an accident. In these scenarios, a defense attorney will work hard to establish a credible alibi and look for incriminating evidence that otherwise puts you at the scene. Other common defenses are self-defense, unable to be proved beyond a reasonable doubt, and that evidence was not obtained legally or there were errors during the investigation. 

We might also need to argue that your constitutional rights were violated and challenge evidence obtained throughout the course of these violations. In doing so, we may be able to get the domestic violence charges against you reduced to a less serious offense or even dismissed entirely. Only a defense attorney with thorough experience in similar cases will be able to provide you with the strongest defense.

Montgomery County Domestic Violence FAQ

Facing domestic violence charges can be overwhelming when the consequences could permanently alter the course of your life. We understand how intimidated you might be feeling and the many unanswered questions you may have regarding your domestic violence defense. 

For this reason, we have created a quick FAQ below that goes into detail about some of the most common questions surrounding domestic violence allegations and charges in Montgomery County. You may have additional questions we do not cover on this page. If this is the case, contact our legal team for a confidential consultation so we can discuss the individual details of your charges further.

Who Can File for a Restraining Order?

To file for a restraining order, alleged victims must be at least 18 years of age or older. Anyone who has an intimate or familial relationship with the accused may have the right to file for a protection abuse order. Some of these parties could include:

• Ex partners
• Anyone you previously had an intimate relationship with
• In-laws
• Parents
• Grandparents
• Children
• Grandchildren
• Spouses
• Boyfriends or girlfriends
• Domestic partners
• Siblings
• Cousins
• Aunts or uncles
• Nieces or nephews

Any of these parties have the right to seek a protection from abuse (PFA) order or may find themselves subject to a PFA if domestic violence allegations arise. If you are unsure whether the individual requesting a PFA has the authority to do so, consult your domestic violence lawyer in Montgomery County for more information.

What is a Protective Order?

A protection from abuse PFA order is similar to a restraining order. It is designed to protect alleged victims from:

• Physical abuse
• The threat of physical abuse
• Emotional or verbal abuse
• Stalking

Anyone who is in fear of bodily injury, harassment, or stalking may have the right to obtain a PFA.

What Happens After Filing for a Restraining Order?

After the alleged victim has filed for a restraining order or protection from abuse order, the court will award a temporary ex parte restraining order. This will last for up to 10 days, at which point you will have a hearing to determine whether the PFA should be extended. During this time, you will be prohibited from contacting or communicating with the alleged victim in any way. The criminal justice system may also prohibit you from remaining at your shared home or spending quality time with your children.

At your hearing, you will work with your attorney to argue that the PFA should be dropped. However, if the court system does not find in your favor, a protection order can be extended for up to three years, with the opportunity to request an additional extension.

Contact Our Firm Today

Our Montgomery attorneys are persistent in every case. Whether the allegations against you are true or not, a defense attorney will look at the facts with an unbiased perspective. Contact a defense attorney to evaluate your case and help you take the next steps. 

A highly experienced Montgomery domestic violence attorney from Ciccarelli Law Offices will help you take smart legal action before serious charges can impact your future. Call to request your free, no-obligation consultation, or fill out our secure online contact form.