Experienced Domestic Violence Defense Attorneys
Domestic violence is the violence that occurs within households or between intimate partners. Anyone accused of domestic violence is automatically in one of the more serious legal situations they may ever face. There’s a lot at stake, and you deserve the assistance of a skilled attorney.
At Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman, our lawyers have served people across Springfield facing criminal charges for many years. In domestic violence cases, they show our clients a great deal of empathy. Our attorneys listen to their sides of the story and guide them through the legal struggles ahead.
Three Types Of Domestic Violence
Domestic violence is a term that covers a great number of possible actions. However, you can further classify these as distinct types of violence:
- Physical violence: Kidnapping, battery, sexual assault or anything in which a person’s body is restrained or injured
- Emotional violence: Menacing, assault, stalking, harassment or any other action that elicits fear from someone intentionally
- Financial violence: Withholding financial assistance or stealing shared money could be a way to unlawfully imprison a person
In these ways, a person may have committed domestic violence, which will be utilized by the state to enhance the severity of a charge. However, we can offer a counternarrative to the state’s case and fight to protect your life.
Understanding The Emotional Toll Of Domestic Violence Accusations
Being accused of domestic violence can be an emotionally and physically taxing experience. It is not uncommon for individuals facing such accusations to have experienced physical harm themselves. If you have suffered injuries due to domestic violence, it is crucial to seek medical attention immediately, not only for your health but also as documentation that may be important to your case.
Domestic violence accusations often arise in the context of highly charged situations such as divorce or child custody disputes. The emotional bonds and complexities of these relationships can make the situation even more challenging. It’s natural to want to reach out and communicate with the other party involved, especially when emotions run high and relationships are deeply intertwined. However, it is essential to refrain from discussing the case or your feelings with the accuser.
We strongly advise that you keep all communications regarding the accusations through your attorney. Speaking directly to the accuser without legal counsel can inadvertently harm your case or lead to misunderstandings that could complicate matters further.
Your attorney is your advocate and is here to help navigate all communications effectively, ensuring your rights are protected throughout this difficult time. Remember, you are not alone in this journey. Our team is dedicated to supporting you, not only legally but also by acknowledging the emotional and physical impacts you may be experiencing.
Frequently Asked Questions About Domestic Violence Cases
Many people who are facing domestic violence charges in Missouri are going through the process for the first time. They have numerous questions about their rights and legal options. To help, here are a few of the questions our firm sees most often:
Are there mandatory arrest laws in Missouri when police are called to a DV scene?
Since 1989, Missouri has used an “almost” mandatory arrest law for domestic violence cases. This is not quite as strict as in other states, where police are required to make an arrest.
Essentially, police officers are given the freedom to use their own discretion. They are not forced to arrest someone if they genuinely believe it is not necessary. That said, officers are required to submit written reports backing up and explaining this decision. Some officers may err on the side of making an arrest unless they are 100% certain it isn’t needed, and they can thoroughly explain it in this report.
Additionally, the officer’s choice is only left up to them if it is their first call to that address during the last 12 hours. If they are called twice, they are required to make an arrest. So, it can be mandatory, depending on the circumstances.
Does a conviction for DV impact a person’s ability to own a firearm?
An arrest does not immediately make it unlawful to own a firearm, but a conviction will, in most cases – with one notable exception being the suspension of the sentence. Generally, though, those convicted on domestic violence charges are barred from owning firearms under the 1996 Lautenberg Amendment to the Gun Control Act of 1968.
This is true even for misdemeanor convictions, not just felonies. Additionally, if you have a domestic violence protective order issued against you, it is illegal to own or possess a firearm.
Can the victim request that the charges be dropped?
The victim can make this request, but it does not guarantee that the charges will actually be dropped. The prosecution can still move forward with the case, and they often use “no-drop” policies. The concern is that a victim may be harassed or intimidated into requesting that the charges be dropped, even if those charges are valid, so the prosecution is not required to comply with the victim’s wishes.
You Have Rights; You Deserve Defense
The allegations against you – no matter how serious they are – are not true until proven in a court of law. We can take on your case and offer your side of the story. Our attorneys can vigorously defend your rights and fight against the charges to help protect your freedom and reputation.
It may not be an easy way forward, but you won’t have to go through it on your own. Contact us today at 417-413-5858 or send us an email to get started with your free consultation.