Top Bear, DE Domestic Violence - Criminal Lawyers Near You
300 Delaware Ave, Suite 210, Wilmington, DE 19801
1313 North Market Street, Suite 1200, Wilmington, DE 19801
222 Delaware Ave, Suite 1410, Wilmington, DE 19801-1621
Nemours Building, 1007 N. Orange Street, Suite 600, Wilmington, DE 19801
919 N. Market Street, Suite 300, PO Box 2323, Wilmington, DE 19899
1201 North Market St, Suite 501, Wilmington, DE 19801
123 S Justison Street, Suite 100, Wilmington, DE 19801
712 West Street, Wilmington, DE 19801
800 N King St, Plaza, Suite 1, Wilmington, DE 19801
1201 N Market St, Ste. 1100, Wilmington, DE 19801
1400 Peoples Plaza, Suite 121, Newark, DE 19702-5706
3200 Concord Pike, PO Box 7329, Wilmington, DE 19803
1201 King Street, Suite B, Wilmington, DE 19801
Liberty Plaza, Suite 11A, Newark, DE 19711
1716 Wawaset Street, PO Box 188, Wilmington, DE 19899
1228 North King Street, PO Box 1795, Wilmington, DE 19899
1701 North Market Street, PO Box 248, Wilmington, DE 19899
24 Prestbury Square, Newark, DE 19713
Renaissance Centre, 405 N. King Street, 8th Flr., Wilmington, DE 19801
300 Delaware Avenue, Suite 1220, Wilmington, DE 19801-1607
300 Delaware Ave, Suite 1015, Wilmington, DE 19801
222 Delaware Ave, Suite 1200, Wilmington, DE 19801-1050
1905 Delaware Ave, Wilmington, DE 19806
1201 North Market Street, Suite 2100, Wilmington, DE 19801
1000 N West St, 14th Floor, Wilmington, DE 19801
Bear Domestic Violence - Criminal Information
Lead Counsel Verified Attorneys in Bear
Lead Counsel independently verifies Domestic Violence - Criminal attorneys in Bear and checks their standing with Delaware bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.
Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.
Client Commitment
Pledge to follow the highest quality client service and ethical standards.
What Is Criminal Domestic Violence?
Criminal domestic violence occurs when a spouse or partner commits an act (or willfully threatens with the reasonable capacity to commit an act) of violence against the victim. Sexual abuse, spousal rape, intimate partner violence, battery and assault are all in territory nearby to criminal domestic violence, and charges spurring from such allegations often take these forms as well.
Under the expanded protections afforded to victims of domestic violence via the 1994 Violence Against Women Act (VAWA), emotional abuse, economic abuse (controlling finances to control behavior and force compliance from the victim) and psychological abuse can all be considered to be forms of domestic violence.
What Is The Difference Between Civil vs. Criminal Domestic Violence?
While criminal domestic violence, and charges pertaining to any number of offenses beneath that legal umbrella, are heard in criminal court, there are civil remedies available.
Civil courts are generally called upon, in alleged situations of domestic violence, to produce a restraining or protective order in favor of the alleged victim. Such an order may call for the defendant to maintain a physical distance from the victim and other family members, and violation of this civil order can result in immediate criminal charges.
Criminal domestic violence cases have a much higher burden of proof to clear. The onus is placed on the plaintiff to prove beyond any reasonable doubt that acts of abuse did occur. Civil courts have a much lower standard of proof in terms of awarding protective orders or restraining orders, but it is a common defensive strategy employed by alleged victims to set such boundaries before proceeding to a criminal case if deemed necessary.
Is Criminal Domestic Violence a Felony?
Acts of criminal domestic violence can be charged as either felonies or misdemeanors, depending on the specific nature of the charges as well as the jurisdiction. Cases heard in federal court are almost always prosecuted as felony charges.
At the state level, domestic violence charges can range from misdemeanor offenses to felony offenses. In some states, both third degree and second degree domestic violence charges are classified as misdemeanors, with first degree domestic violence and domestic violence of a high and aggravated nature (DVHAN) being classified as felonies.
It should be mentioned that domestic violence charges could also be classified as sexual abuse, battery, aggravated battery, or similar, rather than as strictly related to domestic violence.
What Is the Penalty for First-Degree Criminal Domestic Violence?
Federal domestic violence charges typically relate to the underpinning crime, although protections afforded via VAWA allow for additional charges to be appended to larger offenses. Battery, aggravated battery and sexual abuse charges can lead to 20 years to life in prison if you are found guilty of more serious offenses.
At the state level, punishments in response to first-degree (or aggravated) criminal domestic violence typically range from two years behind bars to up to 10 years imprisonment.
What Are Other Penalties for Criminal Domestic Violence?
With third and second degree domestic abuse charges being more common than first-degree or aggravated domestic abuse charges, penalties are less severe than those listed above. Domestic battery is sometimes listed as a first degree misdemeanor with a potential punishment, for those found guilty, of up to one year in county jail. Probation and a fine of up to $1,000 may also be a penalty for domestic violence.
How Can a Lawyer Help With Criminal Domestic Violence Charges in Delaware?
All charges of domestic violence — felony or misdemeanor — should be taken seriously. A conviction could result in a sizable jail or prison sentence in addition to substantial fines and restitution.
An experienced criminal defense attorney familiar with case law pertaining to domestic violence can help guide you through the facts and discuss the material evidence to craft the best case possible.
An attorney can also often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors.