Defense Against Domestic Violence Charges
It is overwhelming to be accused of domestic assault. First the arrest, then being barred from your own home and then ordered to have no contact with the alleged victim or your kids. Everything happens fast, and you feel helpless to stop it.
But you have rights and defenses. You will get your day in court. The important thing now is to take a breath and get experienced legal counsel on your side. I am Scott Campbell, a criminal defense lawyer who has practiced in Platte County for over 30 years. I will listen to your side of the story and help you mount a defense to avoid the worst consequences of domestic violence charges.
Domestic Assault Is Taken Seriously
Under Missouri law, police are obligated to make an arrest when called to a domestic disturbance. It doesn’t matter who called 911 or if the victim does not want to press charges. Law enforcement will err on the side of caution in detaining at least one party. Judges will err on the side of caution in issuing an ex parte order of protection.
A conviction for domestic violence can mean jail time and a criminal record. It may rise to a felony and prison time if there is serious bodily harm or prior offenses. Domestic violence convictions also lead to a loss of gun rights and other civil liberties. And the conviction or allegations can also play a role in divorce and child custody proceedings and future employment.
For all these reasons, you should exercise your rights to remain silent and consult an attorney. You can’t talk your way out of a DV arrest, but you can make matters worse by confessing to assault or saying the wrong thing.
A Proactive And Thorough Defense
I will represent you in the criminal case as well as the separate proceedings on whether to continue the protection order. I conduct a thorough investigation of the circumstances of your arrest. Is there any history of domestic altercations? Does the victim have a motivation to fabricate or exaggerate the allegations? How does your version of events differ from the accuser’s? What do the witnesses say, and are they reliable?
My job is to help you tell your side of the story and to make every effort to avoid the penalties and collateral consequences of a domestic violence conviction. I will raise all applicable defenses, including self-defense. I will also explore alternatives to jail such as batterer’s classes.
I will also represent you in the civil hearing on the order for protection (OFP). While the court is quick to hand out temporary orders, a permanent OFP requires proof that you pose an ongoing threat. I will advocate for you to get the OFP dismissed or amended to be less restrictive. In the meanwhile, it is critical that you adhere to the no-contact order – violating a protective order could lead to additional charges of witness tampering or obstruction of justice, and will make it difficult or impossible to see your children. Don’t talk about the incident, especially on social media. Don’t try to contact the party through back channels. Don’t volunteer statements to police.
Get Legal Representation Immediately
Your freedom and your future are at stake. Contact my office in Platte City to schedule a consultation. Call 816-866-8022 or contact me online. I have handled every domestic violence scenario: spouses, ex-spouses and dating partners, as well as accusations involving siblings, parents, children or roommates.